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HomeMy WebLinkAboutCA 128 1951 i THE MASTER PLAN_ REPORT A CITY OF NEWPORT BEACH CALIFORNIA 1951 CITY OF NEWPORT BEACH PLANNING COMMISSION / The Honorable City Council and City Planning Commission City Hall Newport Beach, California Gentlemen: We are pleased to submit herewith the Master Plan of the City of Newport Beach. The Master Plan represents careful study and consideration of problems related to streets, highways and parking, land use and zoning, park, •rdcreation'and waterfront facilities and public buildings. Purpose of the Plan is to provide a general guide for the orderly growth of Newport Beach and to promote public health, safety and general welfare. Methods set out in the Plan for achieving the above purpose are both corrective and preventive and- while some parts may be- accomplished in the near future, other elements can be carried out only over a long term period. Recognition should be given to the fact that a Master Plan cannot be prepared that will be in accord in all its parts, with the desires of all the people. Personal interests, tradition, and prejudice are bound to show, however, primary consideration must be given to the welfare of the area as a whole if the plan is to be of value. Respectfully submitted, HAHN, CAMPBELL and ASSOCIATES Waiter Hahn, Jr. aQ Lawrelice A. Wise " CITY COUNCIL CITY PLANNING COMMISSION A. W. Smith - Mayor Walter M. Longmoor - Chairman Ray Y. Copelin - Secretary L. L. Isbell Norman Miller Louis W. Briggs Richard H. Pleger Philmer J. Ellerbroek 0. B. Reed Braden Finch Francis J. Horvath C. B. Rudd Wesley D. Smith Charles W. Wightman DEPARTMENT HEADS John T. Sailors City Manager J. B. Webb City Engineer C. K. Priest City Clerk - Assessor Harry L. Blodgett City Attorney HAHN, CAMPBELL AND ASSOCIATES Planning Consultants Walter Hahn, Jr. James M. Campbell Lawrence A. Wise Justin F. Barber, Jr. D. Thornton Conrow Cecilia Bourdon INDEX Page I. THE CITY . . . e e . • e e . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Location �• • • • • o e o o . e o 0 o e o . o • • o • o . • e • o e o 0 0 0 0 0 0 0 0 0 1 Size .��. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 v Topography Climate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Population . . . . . . . . . . . e . . . . . . . . . . . e . . . . . . . . . . . . . 1 Economics and Finance . . . . . . . . . . . . . . . . . • . . . • . • . . e . . . . . . . 2 II. THE MASTER PLAN . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. '—•Objectives . . . . . . . . . . . . . . . • • . . . . . . . . 4Units of the Master Plan . . . . . . . • . . . . . • . . • . • 5 /. �pp 1. Street and Highway Plan— e . . . . . . e . . . . . . . . . . , e , , , , , , , 5 I � - 1.1 General Considerations . . . . . . . e . . . . . . . . . . . 5 1.2 The Study . . . . . . . . . . . . . . . . . . . . . 6 1.3 The Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1.5 Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . 28 2. Parking Plan e . . . . . . . . . . . . . e . . . . 29 General Considerations . . . • . . e e • . 29 2.2 The Problem . . 29 2.3 The Study . . . . . . • . • 30 2.4. The Parking Plan . . . . . • • e . . . 30 • 2.5 Design of Off-Street Parking Facilities . . . . . . . . e . . . . 35 2e6 Financing . . . . . . . . . . . . . . . . . . . . . . . . 35 2.7 Schedule of Improvements . . . . . . . . . . . . . . . . . . • • 36 2.8 Recommendations . . . . . . . . . . . . . • . . . . . . . • e . 4.0 3 • Land` Use and Zoning Plan 41 sy 3 .1 enera . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 3 .2 Flexibility . . . . . • . . . 42 o • . o s e o 3e3 The Existing Zoning Ordinance . . . . . . . . . • . . . . . . . . 4.3 3 .4 Adminstration of the Zoning Ordinance . . . . . . . . , e . . • . 48 3 .5 Subdivision Ordinance . . . . . . . . . . . . . . . . . . e . . 48 3 .6 Recommendations . . . . . • . . . . . . . . . . . . . . . . . • . 48 fy —4.. Park, Recreation and Waterfront Plan . . . . . . . . . . . . . . . . . 4.9�Tr-General on ons . . . . . . . . . . . . . . . . . . . . . . 49 4..2 Recreation Standards . . . . . . . . . . . . . . . . . . . . . . 50 4..3 The Study . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 4.•4 The Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 ,,-5 . Tree Panting . 62 ).=General*Considerations 62 5.2• Existing Tree e 62 5.3 The Plan . . . . . . . . . . . . . . . . . . . . . . . . . 62 5.4• Summary of Tree Study . . . . . . . . . . . . . . . . . . . . . . 66 5.5 Suggested Official Policy . . . . . . . . . . . . . . . . . . . 67 5.6 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 5.7 Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . 68 -i- INDEX q Page i✓ \6. Public Buildings . . . e e . . 6 o �— 6.1 General Considerations o Q o . e Q e. Q 69 6.2 Existing Facilities . . . . . . . . . . . . . . . . . . 69 6.3 The Plan . . . . . . . . . . . . . . . . . . . . . . . . 72 �rI MAPS Newport Beach Area . . . . . . . . . . . . . . . . . . . . . . . . . 7 Traffic Flow Map . . . . . . . . . . . . . . . . . . . . . . . . 9 Master Street and Highway Plan . . . . . . . . . . . . . . . . . . . . . 18 Standard Street Sections . . . . . . . . . . . . . . . . . . . . . . . . 24 The Master Parking Plan . . . . . . . . . . . . . . . . . . . . . . . . 31 Comparative Costs - Parking Lot and Open Deck Garage . . . . . . . . . . 34 Enabling Legislation with Respect to Automobile Parking Facilities . . . . 37 Park, Recreation and Waterfront Plan . . . . . . . . . . . . . . . . . 56 Development Sketches: Lake Tract Park, Corona Beach Park, Rivo Alto Swimming Area . . . . . . . . . 57 Master Public Buildings Plan. . . . . . . . . . . . . . . . . . . . . . . 73 , Development Sketch of the Civic Center . . . . . . . . . . . . . . . . . 75 APPENDIX I. SUBDIVISION ORDINANCE II. TREE ORDINANCE -ii- CHAPTER I. -THE CM This excellent climate coupled with the natural and manmade recreation attractions is responsible for an - A. Location expanding population and for the large temporary influxes of people seeking relaxation and recreation. The City of Newport Beach is located on Newport Harbor and the Pacific Ocean about twenty E. Population v (20) miles south of Long Beach. The rapid growth in Newport Beach is almost in- Coast Highway (U.S. 101 Alt. ) traverses credible, with an increase in population of 175% from 1940 the 'City and is intersected at West Newport by State to 1950. Highway Route #55 serving as a connector to Costa Mesa, to Santa Ana, and other inland cities; and by Comparison of the growth in the City with that of McArthur Boulevard at Corona del Mar. This Boule- the County and State is shown by the tabulation below: vard also serves as a connector to Santa Ana and the inland cities. California Orange Co. Newport Beach Year Persons %Inc. Persons JInc. Persons %Inc. The City is stripped along the Ocean and Harbor from the Santa Ana River to south of the 1910 2,377,549 19,696 445 Harbor entrance and is adjoined on the northeast by 44.2 211.5 100.2 Costa Mesa, a substantially populated unincorporated 1920 3,426,861 61,375 894 area. 65.7 93 .3 145.3 1930 5,6779251 118 ,674 2,203 B. Size 21.7 10.1 101.4 1940 6,907,387 130,760 4,438 The City has a land area of 1965 acres 51.6 63.7 175.3 or approximately 3 1 square miles and a water area 1950 101468,000 214,061 121220 of 849 acres or about 1.3 square miles. The projection of population growth to 1980 based C. Topography on estimates made as a part of this survey and compared with those made as part of the Orange County Sewerage Survey, The major portion of the City is just June 30, 1947 are shown on page 1 of the Book of Maps. above sea level although Newport Heights and Cliff Haven, north of U.S. #101 and east of State Route Also indicated is the estimated average summer #550 range from 50 to 100 feet elevation while the population of the City and its projection. Corona del Mar, Shorecliffs, and east of the Harbor entrance range from 50 ft. to 200 ft. in elevation. The distribution of population is shown by the map on page 1 of the Book of Maps. It will be noted that The rugged San Joaquin Hills lie to the greatest density occurs in the Balboa and West Newport areas east of the City while the flatlands of the Santa and Balboa Island. Average density in the City was 6.2 Ana River channel are to the northwest. persons per acre. 4 D. Climate Future growth will be dependent to a great ex- tent on the ability of the City to provide for full use of < Newport Beach has a very mild climate its recreational resources and to encourage the proper with average monthly temperatures ranging from 57.10F. development of new areas, such as the Upper- Bay. it February to 67.20F. in August. The average annual rainfall is 12.9 inches. Moderate off-shore winds prevail at night with on-shore winds during the day. -1- F. Economics and Finance debt is even more striking. The per capita distribution of all public debts is: Federal- $1688; State-V512.00; Local (in- The rapid population increase of the eluding county, city, school and special districts)- t123 . last decade has altered to a considerable extent the economic environment of the city. Numerous methods are being employed by the cities to increase revenues and to spread the cost of government. A Recreation and vacation activities - few of the methods being used are: sales tax, reappraisal of including deep-sea fishing, yachting, and swim- property assessments, increased utility rates, business license ming - continue to be a major industry. The fees and sewer rental charges. A general effort is also being years since 1946 have also seen a great increase made to broaden the tax base and find new sources of revenues. in construction activity and in the number of small industrial establishments - especially in the Costa The annual report of Diehl and Co. for the fiscal Mesa area. " In keeping with this growth there has year 1950-51 shows that Newport Beach received $1,288,389.48 been an increase in the number of retail stores and during that year. (This amount does not include the payroll service establishments necessary to serve the area. deductions for employee retirement and income tax. ) After the reconversion period which Direct taxation in the form of property tax is still followed the end of the last war, the various mea- the largest single source of revenue for the City of Newport sures and indexes of business volume, employment, Beach. For the fiscal year ending June 30, 1951, such tax and personal incomes have shown a consistent up- amounted to $438,206, or approximately 34 per cent of the re- ward trend to the present time. ceipts of the city for that year. The functions and services of the city The income from the city sales tax has steadily government have been greatly affected by the trend increased since adoption in 1949 until it now ranks second in of increased general business activity and increased dollar volume as a source of city revenue. (Excluding water prices of both goods and personal services. It is department revenues which are used primarily for the operation, estimated by the League of California Cities that maintenance and improvement of that utility. ) For the 1950-51 it now costs a city twice as much as it did ten fiscal year the sales tax revenue amounted to $123,843 or years ago to perform the same operations. slightly more than 92 per cent of the city receipts. For this same year the income from lease, rental, and use of city pro- In many cases local government have perty (Trailer Park, Yacht Basin, etc. ) ranked third in dollar attempted to restrict expenditures to the same volume with a total of $78,727 — over 6 per cent of total re- amounts of money they have operated on in the past. ceipts. As a result of the growing importance of other revenue This has resulted in postponing both the construe- sources, the property tax rate for the city has been decreased tion of necessary improvements and in the providing for three successive years and for the last fiscal year was of some essential services desired by the citizens. among the lowest in California. Consequently there has been created a backlog of needed facilities and services which can now.only These three sources of revenue - property tax, sales be provided at higher cost. tax, and income from city owned property - produced slightly more than half of the total amount of money (including water The local government supplies the ma- department revenues) received by the city during the last fis- jority of facilities and services used in every cal year. The pattern of receipts and expenditures for prev- day life and yet the cost is only a very small part ious years to 1940 is shown on the chart on page 2 of the Book of the tax dollar. Percentage-wise the cost of of Maps. The following comparison also shows the relationship local government represents about 142 per cent of our between total city income and property tax revenues. tax dollar, whereas the state share is 202 per cent and the Federal Government collects about 65 per cent of our tax dollar. The division of the total public -2- Property % of Total Total the various gnaupz_ of which- he is a part. Upon the size Fiscal Total Tax - Total Assessed of his personal income depends his standard of living. Year Income Revenue Revenue Valuation Total income received by all the residents of a city or area, then, indicates the market for the sale of goods 1942-43 529,266 $322,$09 61.1% $16,3799670 and services whose production provides the demand for 1943-44 5822277 305,515 52•.4% 16,2459050 labor, managerial ability and capital. Since income pay- 1944-45 * 584,931 315,621 53 .9% 172501,250 ments and standards of living are related matters, a com- 1945-46 r 845,100 391,606 46.3% i210247,560 parison between the incomes of different areas takes on 1946-47 T 927,759 402,850 43 .4% 24269,131 additional meaning. 1947-48 191189222 443,581 39.6% 27:741.9888 1948-49 1.91942771 467,008 39.1J 32,757,843 The following table indicates that Newport 1949-50 1,3032074 479744 36.71 35,051,13$ Beach is keeping pace with the changes occuring in the 1950-51 1,288,389 438:206 34. 339244,325 state and nation. Includes employee deduction for retirement and income tax. TOTAL INDIVIDUAL INCOME PAYMENTS (IN MILLIONS OF DOLLARS) 's The bonded indebtedness of Ndaport Beach U.S. Calif. Orange Co. Newport has decreased from a high point of 1,030,781 in 1939 to $391,800.83 as of June 30, 1951. 1929 82,617 5,217 77 1.4 On the chart on page 3 of the Book of Maps 1939 759852 5,013 73 2.5 is shown the relationship of the city*s bonded in- debtedness to population and assessed valuation pro- 1945 152,704 129481 174 9.8 jected to 1962. The present outstanding .bonds will all be retired on or before that year. 1947 189,734 169041 231 10.6 There Are many other specific measurements 1948 2109000 160880 240 11.2 or indications of the general economic health of a com- munity or area. Most of them are detailed ana]yses of 1949 215,000 17,500 245 14.4 particular segments of the area and are used princi- pally for specific purposes such as forecasting shifts Per in personal income distribution, housing demand, avail- Cent able types of labor, etc. Increases 1929-49 159% 2481 218% 930% One other general comparison, however, that is considered here is the relationship of the personal During the same interval shown above, the income of people in Newport Beach to that of the county, population growth of Newport Beach has been about 455%, state and nation. Just as an individual regards his indicating a higher rate of increase in both population economic well-being in terms of his-earning ability and and income than the state and national average. Although income, so the total income of residents offers a measure the dollar income per capita is at present slightly lower of the ability of a city or area to provide economic op- than the average for California, there are indications portunity and induced growth or expansion. that this income is somewhat more stable than the average and less affected by sudden fluctuations in the general The income of tle typical resident is derived economy. from the sale or use of his labor, managerial ability, or property. His income determines his ability to spend, save, pay taxes, and otherwise support the functions of -3- A comparison between the chart below and CHAPTER II. THE-MASTER PLAN , the one above indicates that the incomes prOauced during World War II have since been sustained by A. Objectives other economic endeavors in the community. There is, however, indication that a growing segment of A sound plan for the desirable future develop- s the population is in the middle and lower middle in- ment of a community must be attuned to and promotive of come brackets, and- that seasonal income will be of the activities which furnish and will continue to furnish increasing importance in sustaining the economic the livelihood of its peoples. balance of the area. The economic base of a city is dependent to a AVERAGE PER CAPITA INCOME PAYMENTS (IN DOLLARS) great extent on the ability of the community to provide the necessary community facilities and amenities. NEWPORT U.S. CALIF. ORANGE CO. BEACH A city must have an adequate system of water supply, sewerage disposal, and drainage for a healthy 1940 576 803 567 835 population. It must have ample living space, open areas for active and passive recreation, and buildings well 1945 1,094 1,374 1,043 - designed and constructed. 1947 1,329 12642 1,120 - A beauty of natural features should be pre- served and other aesthetic qualities of the community 1949 1,445 1,724 1,203 1,263 continually enhanced. Percent Buildings and uses must be so arranged and Increase distributed so as to not endanger the public health, 1940-49 151%D 115% 112% 51%o safety and welfare. Convenience of movement is essential to proper In view of the present indications development, Properly located streets with sufficient- that the existing inflationary movement will con- capacity, adequate parking facilities, good transit oper- tinue, it will be increasingly necessary to care- ation, and means of ingress and egress to a community are fully and efficiently plan, schedule, and perform major factors in convenience of movement. the essential city functions. This Master Plan, as a reasonably stable but Unless extreme and disasterous fail- nbt inflexible guide for the development of the Newport ures of our national economy are forthcoming, the Beach area, was developed with thb following objectives: city is in excellent position to finance necessary and fundamental improvements immediately. 1. To provide a plan designed to aid in promoting The rapidly declining bonded debt of sound residential and commercial development. the city is unique, and, with the existing low 2. To set out a functional street system, which interest rates prevalent for municipal bond issues, will provide for better circulation, will re- affords a means of accomplishing improvement pro- duce accidents, will allow for expected heavy grams before the current inflationary trends make traffic increases and, which will make the such work much more costly. movement of goods and peoples more convenient. —4— 3. To set forth a plan for development of off- SECTION 1. Street and Highway Plan street parking facilities and for the most efficient use of curb parking space in 1.1 General Considerations: order to prevent decay in the commercial centers. Transportation of all types is com- posed of three basic parts: The vehicle, the traveled 4. To guide the development of private lands way, and the terminal facility. within the -city in accordance with a prac- tical plan, flexible to meet changing con- The Street system is the traveled way ditions and designed to promote land use for the motor vehicle in the city. It is the most per- for the healthful interests of the commun- manent feature in the physical makeup- of a city with the ity as a whole rather than for the finan- general distribution of stores, homes, schools, etc. , the cial interests of the few. orientation of blocks and lots determined by the pattern 5. To set out a plan for development of a of the street system. system of park and recreational facilities The tremendous increases in the use to serve not only the permanent residents of of the automobile and truck has given rise to a variety the area but sufficient to continue to at- of serious problems such as traffic congestion, traffic tract an increasing number of tourists on a accidents, and an enormous increase in the cost of street year around basis. construction and maintenance. These problems have re- sulted in a need for streets to be classified and designed 6. To provide a plan for the location of public on a functional basis. The bulk of traffic in a city is buildings so that they will properly serve the carried by a relatively few major streets variously called populace and will fit in with other elements arterials, thoroughfares, or boulevards, while the major- of the Master Plan. ity of streets which serve primarily as access to abutting property are known as minor or local streets. In general, B. Units of the Master Plan it is the use made of a street which determines whether it is a major or minor street, rather than its width, The Master Plan of Newport Beach consists of five units as follows: grade, alignment or construction. In a functional system, {gajor streets SECTION 1. Street and Highway Plan with wider and heavier pavements can be constructed to 2. Parking Plan withstand heavy traffic and, since such traffic will use 3 . Land Use -and Zoning Plan the major streets almost exclusively, the minor streets 4. Park, Recreation and Waterfront Plan can be constructed relatively narrow and with less ex- 5. Public Buildings Plan pensive types of pavement. Special traffic devices and regulations, such as signals, stop signs, etc. , may be All of these parts of the Master Plan are concentrated on a few major streets. It is also essential interrelated and interdependent. Changes in any one unit to avoid placing unnecessary traffic on residential should not be made without considering the effect on the streets if we are to preserve residential neighborhoods other units. as desirable place for people to live. -5- The designing of a functional "Today, traffic congestion has reached street system is not difficult in planning a new commu- alarming proportions. In many places the movement of nity or an addition to an old one. But in redesign- people and goods has reached a stage of near-paraly- ing an existing city, serious difficulties are usually sis. Decentralization is increasing abnormally, with encountered which cannot be overcome without the ex- consequent 'explosion' of community patterns which penditure of large sums of money, and in many cases sends the cost of municipal service soaring while at " such amounts of money are not readily available. the same time sharply curtailing city tax revenues. Realty values slump as blight spreads over whole The lack of recognizing the need neighborhoods." of planning, designing and improving streets on a functional basis is the root of many of the defects in our street systems. 1.2 The Study Although the motor vehicle has been 1.21 The Area in. general use for over twenty years, the development of street and highway systems has continued to lag far The study covered an area of approximately behind the design and development of the vehicle itself. one mile around the City, including the Upper Bay, and The economic stability of many communities has been Costa Mesa as shown by the map on page 7. seriously impaired by inadequate street and highway systems and terminal facilities. 1.22 Population Business men should be deeply Population growth and distribution are interested in proper traffic flow in the business discussed in detail in Chapter I,E of this report. (See district. The effect of traffic flow is aptly expressed Page 1 of the Book of Maps) . It is obvious that any by the statement made at the Businessmen's Conference community, with a population growth of 175% between1940 on Urban Problems -conducted by the United States and 1950 and with high population densities on islands Chamber of Commerce in 1947, as follows: and peninsulas with limited access, is facing a difficult t� problem in attempting to provide sufficient street capa- We all know that traffic is one city for present and future traffic. of!:-.the most dynamic forces in the city - the principal determinant of the economic and social 1.23 Motor Vehicle Registration health of every community. But traffic is a two- edged sword: Where traffic moves safely and ef- The number of motor vehicles registered ficiently, business prospers. Where traffic be- and the number of miles such vehicles are driven serve comes congested, business begins to stagnate and as an index of the increase in traffic load. die." "Business registration figures are available for Business men have learned to their counties only, the ratio of the number cars per 100 per- sorrow that congested traffic is not an asset to sons has been used to estimate the number of vehicles the central shopping district, by clogging the from Newport Beach. thoroughfares and creating inconveniences and de- lay, it drives away trade that might patronize the area." -6- USAO NEWPORT BEACH AREA At) FEET HAHN,CAMPBELL 8 ASSOMTM IL...:Ml lo.S.VANTS i. FL _ysaun+yl�wa O 99 110, LIN, OG STREET 4AY AAA rl 1�.......... IG V1P— -----N R I sbjl I AWAR Ar The graph on this page shows the esti- mated number of vehicles in Newport Beach from 1920 with a projection to 1980. It will be noted that the increase be- E5T 1 MAT E D M O T O R V E H — tween 1950 and the estimated 1980 is 140%. Another factor connected with this is the increase in the I C L E5 N EWPORT BEACH miles driven by the average vehicles as indicated by the comparison of mot,gr vehicle registration and gaso- line consumption in the State of California shown below: 15, 000 P20J EGT I O N —�- MOTOR VEHICLES CONSUMPTION GASOLINE DIESEL FUEL % % % Year Registration Inc. Gallonage Inc. Gallonage Inc. w _J 10, 000 1935 292809485 1,354,889,086 None 1940 2,990,262 31% 1,737,379,663 28% 20,966,307 LU 1945 3,1639376 6% 19751,9270622 1% 58,495,174 179% 3 1948 452339588 4iJ 2,750,591,474 5$�, 85,2139716 46% 0 I- 5,000 1935 to 1948 86% 106% o g The -large increase in miles driven per vehicle per year is even more apparent when we take into consideration the fact that motor vehicles of today ob- tain more miles per gallon of gasoline than in 1935. 1920 3o 4o 50 60 '70 1980 It is clear that a potential traffic load in 1980 of two to three times the present load is a YEAR reasonable estimate for the Newport area. No. Motor Ratio Estimated Motor Vehicles in Vehicles per Vehicles - 1.24 Traffic Flow Year Orange Co. 100 Pop. Newport Beach The increase in traffic flow in the area 1920 15. 437 25:2 230 is shown on the map on the following page. The counts 1930 51;682 43.6 960 were taken in mid-July for 16-hour periods between 6 AM 1940 63,46o 48.6 2 200 and 10 PM and represent approximately 0.90% of the 24- 1950 1033975 48.6 5;900 hour flow. It will be noted that the proportionate in- 1960 *50.0 10;000 crease in Monday traffic is much greater than Sunday 1970 *52:0 12.9500 traffic. This is probably due to both streets being 1980 *54.0 14.9300 x Estimate —8— xeon-_. __ •vn Y W MASTER PLAN qc a +a't.� ••� frYrAm•^� °��r "�`""�,�i'' "�., z ,`�. M"'' $3'„ Q CITY OF NEWPORT BEACH A • p �:11: t xs' Y yu ,,g,.•r>_ z CALIFORNIA + T •a a ao oe vax:aea t .:.:n::...••Y w. u.x ,. 9 } '1 ' ;. ,,• TRAFFIC FLOW .i '•• Xe.xoaT eucx BLVD. s...��" DIRECTIONAL i DW aa DIAGRAMS x, EBEMO A. To:x xaox "«• B: 8 we $ t "ti)v2(I: • } xw ? : x y :ooe v""'LEe Lrxaruxo« ! $f U z SY town ' o. i $ •a.HOURLY RECORDa } 8 } 8 u s xlaxn.r ro:—xenroar Mxcx ewe 8 $ � NEWPORT BEACH BLVD. SOUTH OF ARCHES } } } m so oou a w MOTOR VEHICLES REGISTRATION CHART K S PROJECTIONAD +` v„e awv w } Itr• eau«uouxrr• am nxnwaT «wx pp —r�� M lo }�r ansmv_vxxrwr wx+ .vve Y no.a xouL mrz wmn rcm.w.m-xuv. e we •« w w w •xE w •xv w w sLo :•w wN :wa nw w•o :•w nw � YLan used to and beyond their practical capacities during Use of adjacent land. the heavy Sunday flow. Type of traffic control (signal, stop signs, The volume of traffic that the street etc. ) system of Newport Beach will be called on to handle in the future is dependent upon a number of factors, It has been found that for short periods none of which can be forecast with absolute accuracy. of time a single traffic lane is capable of handling It was noted in the previous section that the poten- over 2,000 vehicles per hour where traffic can move con- tial load from a standpoint of vehicle miles will be tinuously, such as on a long bridge _or freeway. ' Such over double the present load by 1980. flow is rarely obtained and the practical maximum capa- city under such conditions is usually around 1,500 ve- An inventory of the present volume of hicles per hour. traffic was developed from counts made on April 16, 1949 and is graphically -shown on the following page. Cross traffic is the most serious cause of interference with traffic flow and often reduces The tremendous volume of traffic on capacity by as much as 40 to 50 percent. Trucks dimin- the Coast Highway, Newport Blvd. , Balboa Blvd. , and ish capacity of streets by as much as 25 to 40 percent Marine Ave. is evident. if considered in equal numbers. Parking prempts, for all practical purposes, the use of the curb lane and reduces Hourly fluctuation of flow, shown by capacity of the adjacent lane by 20 to 30 percent-. The the graph on the traffic flow map, indicates a peak combined effect of various types of interference in a flow of approximately 1,700 cars per hour between commercial area may reduce capacity of a traffic lane to 2 P14 and 3 PM on the Coast Highway west of the Arches, less than 400 vehicles per hour. and 2,500 cars per hour between 3 PM and 4 PM on New- port -Blvd. south of the Arches. The peak R6ur flow in each case was 8.6% of the 24• hour flow. The capacity of a street to handle the traffic load is dependent upon a number of factors, the foremost of which are: Spacing and type of intersections and type of turning movements allowed. The width and condition of pavement, and alignment and grade of the street. Number of usable traffic lanes. Condition of curb parking (type allowed and turnover) . Truck use of street. Mass transit use of street. n-10- Some general estimates of the prac- tical maximum capacities (half street) for various COMPAZSON OF AVERAGF- STREET conditions are tabulated below: INTEP-SECTfON CAPACITIES WITH ONE- WAY'__i TWO-W.AY_-_�OFERATI0N 41N — - DOWNTOWN AzEAS Practical Capacity - Motor Vehicles per Hour Ii 4400 coKv Tloxls: cP (Half Street) 5 g000 FIXED TIME 51GNALS -1 W' 10% COML.VEHICLES One Traffic bane - Two Traffic Lane - 3600 zop: TURNING M°VEM6 T Left '+� Left & z No sTmeE'T CARS, Right Right Right Right azoo `o. S Descriptions Turn Only Turns Turn Only Turns Z800 p� aE AO) o 4 .. z Freeway - no parking z4oO $° or grade crossings - - 3 ,000 - z000 4, QPR G p01 / Highway - no parking W I600 P4�/ but grade crossings 900 700 1 440 1 120 ' rzoo P OF TRAFFIC ICFLOW O-DISTRIBUTION g g > > Q / OF TRAFFIC FLOW ON uyi @oo TWO WAY 5-rzeHT5 _ Major Street - Commercial Area W qoo ONE WAY STREETS_ Parking Prohibited 800 650 1,280 1,040 — Two WAY sTRi`ETs 10 20 30 40 So 60 70 8o Major Street - Commercial STREET WIDTH IN FEET ° CUIZ5 To CURB Area - Parking permitted 540 4.00 860 640 - - - - - - - - - - - - - - Study of the traffic flow diagram and field observation indicate that porti-ons of many streets are now carrying traffic near or beyond practical maximum capacities. Some of these are It should be noted that the capacities indi- tabulated on the following page with the calculated cated where parking is proh-ibited on major streets do not peak- hour flow- shown for certain locations .on such take into consideration the possible addition of a traffic .streets. lane. An addition of about 70% to 80% of single lane capa- city could be added under this situation. One way streets provide considerable addi- tional capacity over two way streets particularly where the street width is narrow, and where parking is prohibited. This is shown by the graph developed by the Highway Research Board and is set out opposite: -11- Calculated It should be noted that congestion was Street -- Location Peak Hour Flow generally not due to lack of street capacity aline, but most often due to reduced capacity at intersections Coast Highway West City Limits 1,800 with conflicting traffic movements and to reduced capa- Coast Highway West of Arches 1,700 city because of curb parkin Coast Highway East of Arches 29600 g� Coast Highway East of 17th Street 2,700 Directional flow diagrams showing the Coast Highway West of Marine Ave. 1,$00 volume of flow for each traffic movement on Balboa Blvd. Coast Highway East of Carnation 2,200 at McFadden Place and Newport Blvd. at Via Lido are set Coast Highway East City Limits 1,700 forth on the map on Page 4 of the Book of Maps. 17th Street North of Coast Highway 500 South Main St. North of Coast Highway 600 Although the traffic volume on conflict- Ocean Blvd. West of Marguerite Ave. 350 ing movements at Balboa Blvd. and McFadden Place was Marguerite Ave.Southwest of Coast Highway 300 small, the great number of such movements created conges- tion and confusion, reducing the utility of all the streets Newport Blvd. North of Arches 1,600 entering the intersection. Newport Blvd. South of Arches 29500 Newport Blvd. North of Balboa Blvd. 2,000 At Newport Blvd. and Via Lido the large Balboa Blvd. East of McFadden Place 1,600 volume of the large left turn movement of traffic south- Balboa Blvd. East of 17th St. 12200 bound on Newport Blvd. created congestion and hazard. Balboa Blvd. West-of Palm St. 1,100 Via Lido East Newport Blvd. 600 Both intersections serve as examples of Bay Ave. West of Main St. 200 serious intersection problems that must be solved to Palm St. North of Balboa Blvd. 200 obtain greater efficiency from the adjacent street 30th St. East of Newport Blvd. 300 system. Lafayette Ave. South of 32nd St. 250 Marine Ave. South of Bayside Drive 15,100 1.25 Accidents Marine Ave. At Park Ave. 12000 The location of traffic accidents by Park Ave. West of Marine Ave. 600 type are shown on the map on Page 5 of the Book of Maps. Agate Ave. Southwest of Park Ave. 200 Concentration of accidents on heavy traffic arteries is Bayside Drive West of Marine Ave. 700 evident from study of the map. The Coast Highway at Bayside Drive East of Marine Ave. 400 17th Street and through Corona del Mar, Newport Blvd. at -be Arches, Balboa Blvd. and Coast Blvd. provided the Harbor Blvd. North of Newport Ave. 19000 main accident points and routes. Newport Ave. Southwest of Broadway St. 1,500 Newport Ave. Southwest of 19th St. 1,300 Newport Beach has a disproportionate 18th St. Southeast of Newport Ave. 300 amount of pedestrian accidents. Out of a total of 256 Broadway St. Southeast of Newport Ave. 300 accidents 23 involved 17th St. Southeast of Newport Ave. pedestrians, and of the 23 ped- i'TP 500 estrian accidents 20 involved children. There were 102 Newport Ave.Service St. Southwest of Bdwy.St. 700 injuries and five fatalities caused by motor vehicle ` accidents. -12- Comparative accident figures are shown In only a small percentage of accidents was the condi- below for a number of California cities for the year tion of the vehicle the primary cause of "the accident. 1948. This situation is aggravated at present because many vehicles now in use have been driven beyond their nor- Motor Vehicle Accidents - 1948 Persons mal life with replacement difficult at this time. Killed or Injured City Est. Pop. Killed Injured The lack of functional design in the road or street, pavement conditions, obstructions to So. San Fran- traffic movement and poor traffic control are major cisco 1$,000 7 63 factors in accidents caused through road conditions. Redwood City 20,000 8 149 Redding 10,000 0 43 It should be noted that accidents are Hayward 10,500 3 67 not synonymous with speed for speed alone is not haz- Watsonville 11,000 2 29 ardous. The difficulty arises only when a differential Pittsburg 14,000 0 33 in velocity must be absorbed. If this differential is Newport Beach 12,000 5 102 absorbed slowly, it produces congestion and if absorbed rapidly, it produces accidents. Thus the extremely slow National Safety Council records indicate vehicle may be as dangerous on the road as that travel- there were 694 fatalities in 404 cities of the 102000 ing at too high a speed. to 25,000 population group in 1948, or an average of 1.7 fatalities per city. Poor pavement conditions are in general due to the lack of proper maintenance caused in most In many cases a combination of causes cases by lack of funds. were responsible for the accidents and note should be made that it is generally difficult to ascertain the In addition to the obstruction of other primary cause because of the numerous direct and in- vehicles, there are innumerable obstructions such as direct factors causing an accident. bridge abuttments, culvert heads, trees, double parked vehicles, stacked building materials, curbings, build- Generally speaking the basic causes of ings and other elements which play an important part in accidents are three in number: the driver, the vehicle, the accident and congestion picture under numerous con- and the road. Most accidents occur from a combination ditions. of the above, with weather conditions acting as a con- tributory cause in some cases. Poor traffic control, both of mechanccal and regulatory nature, are causes for numerous accidents Driver causes are generally classified because the driver is not guided in a proper channel of as poor driving skill, carelessness, fatigue, intoxi- traffic movement under such conditions. cation and physical disability. While these accident causes may be reduced by driver education, enforcement The proper weight is seldom given to the of good traffic laws, and strict licensing, the signi- large economic loss due to traffic accidents. The follow- ficant fact is that there are natural limitations of ing statistics are presented to give significance to this: human nature which cannot be changed. Motor vehicle accidents are estimated to have cost Little information is available as to the Nation $3,050,000,000 in 1949 according to the the number of accidents caused by mechanical defects in National Safety Council. This was broken down as vehicles. Defective brakes and lights were primary _ follows: factors in such accidents to the limited date available. -13- 1,100,000,000 for property damage, and common in many cities. Also indicated are the County 1,950,000,000 for medical expense, overhead Primary Roads in the area and the existing signals and cost of insurance, and the value of services stop signs in the area. lost due to disablement or death. There were approximately 40,000,000 registered vehicles Stop signs are fairly well located to in the United States at that time which would provide for through flow on major traffic arterials. ive us an accidents cost per vehicle of about There are however, a number of streets with stop signs 75. per year. Applying this to the estimated at some intersections and none at others, which creates 5,900 motor vehicles in Newport Beach, the ac- a hazardous situation. cident cost in the City assumes the staggering sum of $440,000 for one year. Existing bus routes are shown on the map It should be noted that this loss is on Page 8 of the Book of Maps. greater than the total general fund expenditures dur- Newport Beach has no existing local mass ing the 1948-49 fiscal year and that for the same per- transit system as such, however the Santa Ana-Laguna iod only $147,000 was expended on street improvements, Beach Stage Lines does serve the Peninsula as far as maintenance and lighting. Balboa along Newport and Balboa Boulevard. The bus also serves the area between Costa Mesa and the Arches, "along The saving in reducing accidents is Newport Boulevard and the-area between the Arches and even more apparent when the loss is capitalized. For Corona del Mar along the Coast Highway. example, the $440,000 would capitalize an investment of $8,800,000 at 5% and if accidents were reduced only Intercity mass transit is handled by 10%, "the savings would capitalize an investment of Greyhound Lines, Trailways, Pacific- Electric buses and $$$0,000 at 5%. the Santa Ana-Laguna Beach Stage Lines. Transit service provides for the most 1.26 Existing Street System efficient use of street space in relation to the number of persons transported and is also the most economical A" study of the existing street system mode of transportation. in the Newport Beach area was made and is shown graph- ically b* the map on Page 6 of the Book of Maps. Taxi cab operation also plays an import- ant part in making the most use of street space and is a Narrow right of ways and pavements are recognized part of public transportation. Newport Beach prevalent throughout with a wide variety of both. has taxi cabs operating from four locations. Comparison of the traffic flow map School bus routes are shown on Page 9 with the existing street system show that the volume of the Book of Maps. of traffic and street width are far from proportional, indicating the lack of functional design. In addition to fitting the street system to serve the operation of transit equipment, considera- Pavements, in general, are in good tion must be given to providing arterial streets for the repair. The map on Page 7 of the Book of Maps shows proper operation of fire equipment. The location of the the streets officially classified by the City as Streets existing fire houses are indicated on the map on Pages of Major Importance. This classification has been re- 17 and 22 of the Book of Maps. lated to the function of the street rather than arbi- trary classification for possible use of gas tax funds -14- I There are no officially" designated truck routes in the City. Through truck traffic is confined, in general, to the Coast Highway and Newport Blvd. with the function of truck traffic within the rest of the City being the pickup and GENERAL STANDARDS delivery of goods. FOR STREET ILLUMINATION Existing parking conditions are set forth on the map on Page 4 of the Book of Maps, and ILLUMINATING ENGINEERING SOCIETY discussed in Chapter II, Section 2 of this report. AVERAGE RECOMMENDATIONS - Both adequate streets and parking I-RESIDENTIAL(NON—TRAFFIC STREETS) facilities are essential to the proper operation of motor vehicles. In considering curb parking, the T availability of street space for the expeditious and 3` ' safe movement of traffic must be recognized as the LJ_ a'W�Df.LRso.,••Y•°C.LLNW"°f• a.Os - .S.uO mOrexx LaC first essential, even though such might require the prohibition of curb parking. II-TRAFFIC STREETS T � (170-SOOVEX.PER HOUR) �' ado' - K :VEH.P HO - ' The need for adequate street and s_ - highway lighting is usually unquestioned, and yet 0.2 LWE"PER SCFT.AVECYNCENWRff. it is one problem usually given little consideration. W"""°°"°�"TM� ' Good street lighting reduces eye fatigue of theMEDIUM motor vehicle driver decreases the effect of head- T light glare, makes pedestrians and other objects ta 1 M LUYEffK f0 FL AV.111 [EN WR°S. more visible to the motorist, shows up obstructions 0J . - . . . EM.0.RIMHTM U.E. and pavement defects and, in general, aids in -re- N AVY TRAFFIC(1200-2.00 WK PER HOUR) ducing night traffic accidents. In addition to re- ducing accident hazard, good street lighting adds ' materially to the appearance of a community, aids in 0.1 W"? f-R MIT.- ECT- LNtf4 • police protection and enhances property values. ..ff . . . CIIb NIP MJRf11TY LINE. VERY HEAVY TRAFFIC(2400-100DVEH.PER HOUR) The volume of traffic is the princi- pal factor in determining the amount of illumina- tion required for safety. The recommendations of L the Illuminating Engineering Society for street I.0 WN[Nf f[R 50.FI..Y.E[TNCCN PIRS°, lighting in relation to the maximum hour of night °" ' ' ' ' `""""° traffic flow is shown on this page. DI-RETAIL BUSINESS LAMPS--6000 TO 25AW LUMEN SIZE. ,y SPACINGS OPPOSITE OR STAGGERED. AV.ILL.LEVELS:-OA TDI.S FOOT-CANDLES.PEPENDING ON SOTX WK.AND PEDESTRIAN TRAPFIC.NEWR LESS THAN LEVELS SPECIFIED FOR TRAFFIC STREETS CARRYING SAME VOLUCE OF TRAFFIC. THIS CHART COVERS ONLY I.E.S, RECOM- MENDED AVERAGES. CHARACTER OF SPE- -15- CIFIC STREET, PEDESTRIAN AND VEHICULAR TRAFFIC MAY JUSTIFY A MODIFICATION. NANN AMP AS IA! f-ILANN LT 1.27 Land Use and Public Facilities Care should be exercised to retain the pattern set forth for development in the Land Use and Existing land use is shown on the map Zoning Plan Unit of the Master Plan. Proposed modifi- on Page 14 of the Book of Maps. The use of each parcel cations and changes should be judged, not only from of land is shown by color code dependent on classifica- their effect on the Land Use pattern, but also upon tion. the ability of the street system to handle any addit- ional traffic load that may be created by such a change. Public facilities are set forth on the Particular attention should be given to withholding map on Page 17 and public and quasi-public buildings from strip commercial development major traffic arter- and areas on Page 22 of the Book of Maps. ials, particularly where they are now clear of such development. The relationship between land use, pub- lic facilities and areas is evident from a comparison Land subdivision is also closely re- of the traffic flow map with the above. lated to the street and highway problem, for subdivid- ing usually determines for all time the street layout, Coordination of the street system with the widths of streets, and their relationship to abutt- existing public facilities is necessary if proper ac- ing property. Proper subdivision control has a tremen- cess is to be provided and if congestion is to be pre- dous influence on the type of development, the long vented. Of utmost importance is the coordination of term value of property, and the ability of the street new public facilities with the Street and Highway Plan system to handle traffic load. Such control should be so that barriers to necessary street extensions, con- by Subdivision Ordinance and the Street and Highway Plan nections, or other improvements will not be created. should be used as a guide in the administration- of the Ordinance. This procedure will prevent the chopping up Zoning and land subdivision are dis- of the street system and will allow for circulatory and cussed in detail in Chapter II, Section 3 of this report, connecting streets. however the relationship to the Street and Highway Plan is important and should be mentioned. It is essential that close cooperation be maintained between the City of Newport Beach and Land use and the height and bulk of Orange County to insure a functional street pattern, not buildings are directly related to the traffic load on only in the City but in the areas adjacent thereto. a street system. The traffic created by commercial de- velopment is greater than that in residential areas, while multiple residential creates more traffic than single family residential. The greater the height and bulk of buildings allowed on a specific land area, the larger the traffic potential. Zoning therefore, is a - major factor in the potential traffic load to be placed on a street system. The new zoning plan is shown on the map on Page 20 of the Book of Maps. -16;- 1.3 The Plan functioning of the City is not possible without suffi- 1.31 Functional Pattern, cient capacity on this Highway. The proposed Santa Ana Freeway A functional street pattern to serve will take away some of the through traffic now using the Newport Beach area is set out on the map following the Coast Highway, however, the scenic and recreation this page. attractions along the Coast will continue to draw tre- mendous traffic volumes. Five street classifications are used as follows: The most serious bottleneck is through the Corona del Mar area where the strip commer- Limited access highways to which cial development, and numerous intersecting streets owners of abutting property will have create congestion. either a limited right of access or no access. A bypass of the Corona del Mar area to the northeast is proposed in the Master Plan, with a Highways, or State Highway routes on modified cloverleaf at MacArthur Blvd. , a crossover which access are not limited. structure at the possible extension of Marguerite Ave. , and a structure to the south allowing access to adjoin- Major Streets, or those providing main ing lands and serving for connection to the old highway. access to and circulation within the The bypass should be of the full freeway type with area. access from adjacent land prohibited. Secondary Streets, or those streets A crossover with full cloverleaf giving access to or cross circulation is suggested at Marine Ave. This would serve as the in residential districts or providing key entrance to the Upper Bay area and would providefor secondary access to commercial areas. interchange of traffic to Balboa Island and Bayside Drive. Tertiary Streets, or those streets serving in main as access to abutting Realignment of the Coast Highway, residential property. with a high level bridge over a new channel to the Up- per Bay area, is proposed. Connection to the present 1.32 Proposed Improvements. road would be made west of the present Bayside Drive. A sketch of this relocation is shown on Page 10 of the a. Coast Highway Bpok of Maps. Present traffic on the Coast Widening of the Highway west of Highway is at the maximum capacity of the present 17th Street to the same section as at Riverside Drive is facility during the summer Sunday traffic peaks. proposed. In addition, a center separation of four feet This condition cannot help but throttle the economy is suggested. The latter would permit proper lighting of an area so dependent on the tourist and recreation with one series of electroliers and would provide better trade. traffic control, safer pedestrian crossing, and would reduce accident hazard. It should be noted that the Coast Highway serves as the connecting link between the In addition to present signals at several separated areas of the City and the normal Riverside Drive and Tustin, it is proposed that a traffic i actuated signal be used at the entrance to the Balboa -17- Bay Club. CITY OF NEWPORT BEACH ..I / 81 ADJACENT AREA CALIFORNIA 0 CITY COUNCIL PLANNING CONNISSgN E MJ N00 YEE �qoo ypp LELLII %_7 IX IXR ` HAHN,CAMPSELL S ASSOCIATES PLANNING CONSULTANTS MASTER STREET & HIGH WAY - j 40 PLAN _-- /�� -000/o,— 1 \ � � L E G E N D STATE HIGHWAY 4, MAJOR STREETS SECONDARY STREETS \ \ OTHER STREETS r I ` —ABOVE SYMBOLS,DASHED,INDICATE NEW ROUTES, REALIGNMENTS, AND I / EXTENSIONS.— DGES OR GRADE O O SEPAIRATKIN STRUCTURES • � \ ` ` • TRAFFIC.SIGNALS 0 PROPOSED TRAFFIC SIGNALS — STOP SIGNS L •� o � L I o J` • — DENOTES DIRECTION OF TRAFFIC �'.JN / (ONE WAY STREET) -�-� ;1Z �It / / I / / - Ul c Signals will ultimately be needed main traversed way. It is suggested that as a temporary at the connection of the proposed road at the base expedient to permit cross traffic and pedestrian move- of the bluffs_west_of_ the-City.__A__connection from ment that the portable ty pe ype wind-up traffic signal be this point to Seashore Drive would- provide access from used at 32nd Street, 30th Street and 28th Street. This the Coast Highway' to the' development along the to serve until the connection 'is constructed from New- ocean front at a signalized intersection, as well as port Blvd. to Balboa Blvd. access to the Banning Tract area. Fire signals are proposed in the b. Newport Boulevard (South of Master Plan to stop traffic on either side of the fire Arches) . station and it is also proposed that the signals ulti- mately installed at 32nd Street, Via Lido, and Mac- Newport Blvd. - at present carries Fadden Place be so connected that they can be actuated a tremendous traffic load and has several congestion from the fire house to allow for more expeditious points. South of the Arches the large turning move- movement of fire equipment. ment in and out of Via Lido causes congestion and the backing up of traffic over the bridge is most c. Balboa Boulevard. hazardous. The Plan proposes the bulbing out of New- port Blvd. to allow the construction of a storage Balboa Blvd. serves at the present lane for the traffic movement turning left into Via time as the only means of access to the Peninsula area. Lido and an acceleration lane for traffic turning left While the present widening will provide much needed into- Newport Blvd. from Via Lido. This proposal is capacity on this road, it will be essential, in the shown on the sketch on Page 12 of the Book of Maps. future, to consider provision for an alternate route along the Ocean front so that there will be proper The most serious congestion ex- circulation in the area. ists between 32nd Street and MacFadden Place due to narrow street widths and the strip commercial develop- The Plan proposes the completion ment in this area. It is proposed that the old rail- of the present widening program to close the gap be- way right-of-way be used for a connection from New- tween 6th Street and 15th Street. port Blvd. to Balboa Blvd. (Coast Blvd. ) and that Coast Blvd. be widened from this connection to Another major point of congestion MacFadden Place. This would provide complete circu- is at the intersection of MacFadden Place and Newport lation for the commercial area and at the same time Blvd. The installation of traffic control islands and provide sufficient capacity for the large volume of signals as suggested by the Plan at this intersection through traffic. Easier parking, safer pedestrian will provide for smoother flow and give greater capa- crossing and less congestion of Newport Blvd. city to the intersection while at the same time permit- (Central Ave. ) would make the customer use of this ting safer pedestrian crossing. The suggested improve- street better. It is suggested that the connection ment for this intersection is also shown on Page 12 of from Newport Blvd. to Coast Blvd. be of limited ac- the Book of Maps. cess type. The proposed widening between Mac- Traffic signals are proposed at Fadden Place and the . suggested connection of Newport Via Lido, the connection to Balboa Blvd. and at Blvd. has already been mentioned. MacFadden Place. Such signals will allow for the orderly movement of traffic at the intersection and permit pedestrian and vehicular traffic to cross the -19- Signals are set forth at the in- to Newport Ave. This will eliminate the need of widen- tersection with the connection at Newport Blvd. and ing Balboa Blvd. between 31st Street and the Highway, the proposed Pacific Way at 1-5th Street, ath Street, and will leave Balboa Blvd. itself as a feeder street and Palm Street. These signals to be so tied so as to the adjacent residential development. Pacific Way is to provide for the smooth flow of traffic at a de£- proposed as a limited access road. inite speed. The signals at Palm Street should be tied to the Balboa fire house so that they may be This p ro osed street will de actuated for fire equipment movement. secondary means of access into the West Newport r a and Balboa- Area, will reduce the demand by through traffic d. Beach Parkway. on Newport Blvd. and will provide for excellent circula- tion. The Master Plan proposes the con- struction of a Parkway along the Beach between Mac- Traffic signals are proposed at the Fadden Place and "G" Street. This will permit for intersection of the Ocean Front connection at 34th greater use of the Beach Area as well as providing Street. These to be traffic actuated allowing for the for essential traffic circulation and capacity on- the major flow on Pacific Way. Peninsula. The present congestion and single access to the area will result in a strangulation of busi- f. Ocean Front Drive ness in Balboa, and the ultimate reduction of property values in the whole area. The Plan suggests the extension of Ocean Front Drive from 23rd Street to 34th Street. While many proposals have been This will allow for a second means of access to the discussed for the possible usage of the present beach MacFadden business area, as well as providing a connec- area, little development is possible without additional tion for through traffic between the Beach Parkway- and moving traffic and parking capacity. A sketch of the Pacific Way. Needed circulation and additional capa- Beach Parkway proposal is shown on Page 23 of the Book city will be provided at the throat of the Peninsula of Maps. area by this tie, which is shown on the sketch on Page Connections from the Parkway to 12 of the Book of Maps. 15th Street, 8th Street, and Palm Street are proposed. g. 31st Street. Traffic signals are set forth on Access to the Peninsula southwest of -be proposed Parkway at Palm Street, 8th Street, 15th the Rhine is now provided by 31st Street. Muyh of the Street and Ocean Front Drive. These signals to be traffic coming from this area turns at Lafayette Ave. progressively timed to permit the smooth flow of traf- and goes to either 32nd or Via Lido. It is proposed to f is at a uniform speed. extend 31st Street to connect to 32nd Street at Lafay- ette Ave. This will eliminate the present shuttle move- e. Pacific Way. ment on narrow Lafayette Ave. as well as providing better access to the Peninsula itself. The Master Plan proposes the con struction of a street following the alignment of the h. Bayside Drive. Pacific Electric Railway from Balboa Blvd. (Coast Blvd. ) to 45th Street turning to connect to the Coast The County recently completed the Highway at the present Balboa Blvd. intersection. Al- improvement of Bayside Drive from the Coast Highway to so proposed is the ultimate construction of a structure Marine Ave. providing much needed capacity on this section crossing over the Coast Highway to allow a connection of the Street. -20- Bayside Drive between Marine Ave. The Plan suggests the widening of and Marguerite Ave. provides a secondary means of ac- Agate Ave. from Park Ave. to the ferry to thirty-two cess into the Corona del Mar area, and as such is of feet or as an alternate the prohibition of all parking major importance. The present alignment on this sec- on this section. Even with the proposed widening it tion is poor and the width is narrow, and while present will be necessary to prohibit parking on one side. improvements make good alignment as well as widths extremely costly, the Master Plan proposes that the TraffiE signals are proposed at road be widened to provide for four moving traffic Marine Ave. and Park Ave. lanes. j. Newport Boulevard (North of Signals are proposed at Marine Arches) . Avenue. Islands for the- control of traffic movement are suggested for this open intersection. Newport Blvd. from the Arches through Costa Mesa carries a heavy traffic load. i. Balboa Island Preliminary studies by the State Division of Highways call for the realignment of the section from 17th Street Traffic on ,Balboa Island is ex- to the Arches following the old railroad right-of-way. tremely heavy because of the dense type of develop- ment on the Island. Congestion is predominant because The Master Plan proposes the widen- of the above condition and the extremely narrow streets ing of the existing road to provide four full lanes. with no means of circulation around the fringe of the This proposal is based on the extension of Newport Ave. Island except by a one-way narrow alley. to connect to Balboa Blvd. and the proposed Pacific Way and if such is not undertaken Newport Blvd. should then A solution of the traffic problem be realigned and the approaches to the Arches structure on the Island is near impossible because of the dens- reconstructed to provide additional capacity. ity of development and the lack of space for widenings, connections, or other improvements without removal of The extension of 17th Street to buildings. connect to Anaheim Ave. and 18th Street with a cross- over of Newport Blvd. and Newport Ave. is set out in the With additional multiple develop- Master Plan. ment on the Island the traffic situation will become intolerable and an additional means of access is essen- An extension of 22nd Street to con- tial. nett to Victoria Street with crossover of Newport Blvd. is also proposed in the Plan. The Plan proposes a second bridge connecting Onyx Ave. with Marine Ave. at Bayside Drive, The extension of the outer highway, with one-way traffic northbound on Marine Ave. and on the north side of Newport Blvd. to the 22nd Street southbound on Onyx Ave. connection to Victoria Street is set out on the Plan. This will permit control of access to highway. In order to provide additional capacity on Park Ave. it is proposed to narrow the Traffic signals are proposed at 18th center parkway to allow a full twenty feet of width Street, Harbor Blvd. , 19th Street, and 20th Street. on each side from Marine Ave. to Agate Ave. Such signals to be progressively timed to allow smooth traffic flow at a uniform speed. -21- � i k. 19th Street 1.35 Stop Signs. The Master Plan proposes the round- Stop signs are suggested, as shown on ing of corners of 19th Street at Harbor Blvd. and Ana- the Master Plan, to allow for through flow on major heim Ave. This to permit an easier flow of traffic on traffic streets. Signs should be installed in accord- Harbor Blvd. into Anaheim Ave. in order that through ante with traffic warrent on any such streets and traffic may be able to by-pass the Costa Mesa business 1hroughout the lengths thereof. cistrict and to provide a connection for such traffic to Newport Ave. and 17th Street. 1.36 One Way Streets. 1. Placentia Avenue. A number of one way streets are shown on the Master Plan, the majority of which are designa- The Master Plan proposes the exten- ted as such at the present time due to heavy traffic and son of Placentia Ave. to the north. It is suggested parking loads on narrow street widths. that this Street be extended and possible connected to Harbor Blvd. in order that a through connection will be 1.37 Striping. available from Harbor Blvd. to Newport Ave. and the Coast Highway. This would relieve traffic from the congested Centerline striping should be used on- portion of Newport Blvd. all major and secondary streets as well as lane strip- 1.33 Street Pattern in the Upper Bay Area. ing on all streets with four or more traffic lanes. The Master Plan sets forth a street pat- 1.38 Crosswalks. tern that may be used as a guide in the development of the Crosswalks should be maintained at in- Upper Bay Area. This pattern would allow good circulation terseetions throughout the business districts and also despite rough topography and would allow for easier access needed at street crossings from public or quasi-public to any part of the area. buildings where there is any substantial amount of Ties are provided to the street system in pedestrian traffic. the Costa Mesa area and to MacArthur Blvd. The Plan is 1.39 Transit. based generally on the theorgy that development will be of a single family nature on rather large lots. If devel- It is proposed that bus stops be on the opment is to be on small lots or of a multiple family far side of the intersection wherever feasible. This type, those streets indicated on the Plan as secondary will allow busses to pull in to the curb, will reduce streets should be considered as major streets. hazard of right turn movements in front of bus and will permit better traffic flow. Bussess must be required 1.34 Street Pattern Banning Tract. to pull fully to the curb when loading or unloading. There has also been set forth in the 1.40 Truck Routes Master Plan a street pattern for the area west of Costa Mesa down to the Santa Ana River Channel. This to serve The Master Plan proposes the designation as a guide for development in this area. of Newport Blvd. , Balboa Blvd. , Marine Ave. , Lafayette This pattern provides for a connection Ave. , and 32nd Street, 31st Street, 30th Street, 29th from Victoria Street tothe Coast Highway opposite 37th Street, and 2$th Street east of Newport Blvd. as truck g Y PP routes. Street. This would allow circulation around the fringe of the swamp area with a connection to 16th St. and 1$th St. _22_ r The State Highways are of course open The Freeway section normally used is also to truck traffic and the major streets in the Costa shown. Mesa area should be considered as such. Truck traffic should be strictly pro- 1.42 Enforcement. hibited from the proposed Beach Parkway. It should The strict enforcement of traffic and also be prohibited from all other streets than those parking regulations is essential if proposals of the designated as truck routes, except for local delivery Street and Highway Plan are to be effective. Adoption or pickup and then only by the shortest route from of a modern traffic ordinance is suggested and the the designated truck route to the point of delivery following factors are deemed most important to proper or pickup via a major or secondary street. enforcement. 1.4.1 Street Sections. a. All leaders of government - legis- lative, executive, and judicial - must support the The Master Plan proposes street sections regulations, and there must be no FIXING of tickets. shown on the following page as desirable standards for the area. Modification will be necessary in specific b. All violators must be substanti- cases where existing right-of-way improvements are such ally and (for the same violation) uniformly penalized. is prohibit exact compliance. The sections should pro- vide a guide for subdivision development, street ex- c. The public must be kept fully in- tensions, realignments or widenings and for new streets. formed so that there is wide-spread understanding of the reasons and needs for the regulations and of the Major streets are shown with an 86 ft. need for compliance by everyone. right-of-way and a 68 ft. roadway section providing two parking lanes, four 12 ft. traffic lanes and a 4 ft. d. There must be enough police for center separation. this enforcement work so that a program of daily im- Also indicated is a half-section showingpartial enforcement is carried on - WITHOUT LAPSES. a service road or off-street parking area to be used 1.43 Official Plan Lines. adjacent to commercial development on major or second- ary streets. Official Plan Lines may be adopted by ordinance as precised sections of the Master Street and Secondary streets are set forth with a Highway Plan, where the widening, extension or realign- 60 ft. right-of-way and 40 ft. roadway, providing for ment of streets are proposed, and prohibit the con- two parking lanes and two 12 ft. traffic lanes. struction of buildings or other improvements within Tertiary streets are shown with a 60 such lines.ft. right-of-way and a 36 ft. roadway, providing two park- Without the adoption of Official Plan ing lanes and two 9 ft. traffic lanes. Lines, the acquisition of property needed for widenings, extensions, or realignments is often prohibitive in A section for hillside streets is set cost because of improvements constructed after a street out with a 26 ft. roadway and right-of-tray sufficient project is planned, but before actual acquisition of to-contain cut and fill slopes. right-of-way is completed. The two-level section for hillsides Official Plan Lines should be used only shows two 18 ft. roadways and a minimum 60 ft. right- where there is definite intension on the part of the of-way. -23- governmental unit involved, to acquire the land within such lines in a reasonable period of time.=' _ f` I-9 8�12-�12-n+4J--12 12 8+{+-9 68%W �� 64%W 90%W +� LEWIS] 86R/W 84R/W —�j I. 60 B/W - 1— 60R/W omun tv ISLAND I NOT USES So TTIONT TE coxiux ao.os MAJOR STREET - COMMERCIAL MAJOR STREET - RESIDENTIAL SECONDARY STREET STEEP HILLSIDE STREET ALLEYS-COMMERCIAL 30 R/W, PI :1 7, 5\ �. 10 12 12 21 21 12 12 10 �5 -II-+I—II�B6+1 I_ BoIA/W .i �43oAW— .1 STANDARD STREET SECTIONS SERVICE ROAD FREEWAY CITY OF NEWPORT BEACH CALIFORNIA A. I-LA TSTT 36 Pm 1 I �36P/W—� L. 60R/W� � 24}-e 10 12 MIKxY-10�8�`4.121- xA.T.euxninc m+sun.s 60R/W 1 I�--2-IB PAVE ME NTS� n'TKEY sm. 60 R/W OTHER STREETS CUL DE SAC STREET 12• NUMBERS ARE DISTANCES INFEET CONTAINSUFFISIONT TO IF LESS THAN 350'IN LENGTH TWO LEVEL STREET P/W+PAVEMENT WIDTH R/WRIGHT OF WAY WIDTH 1.44 Timing of Improvement Program. A preliminary schedule to serve as a guide in the timing for the construction of various improvements proposed by the Master Plan is set forth hereunder: Time Phase 1 - 1951-1955 Time Phase 2 - 1956-1960 Time Phase 3 - 1961-1965 Time Phase 4 - 1966-1970 Project: Official Plan Right of Way Sponsor Lines Acquisition Construction 1. Realignment of Coast Highway (State Route #60) bypassing Corona del Mar area. State 1 1 2 2. Realignment of Coast Highway over entrance to Upper Bay (State Route #60) State 1 1 3 3 . Widening of Coast Highway west of Seventeenth Street to provide same section as at Riverside Drive, and construction of center separation strip throughout. State 1 1 1 4. Connection from Newport Boulevard to Balboa Boulevard using Pacific Electric R/W and including a widening of Balboa Boulevard from McFadden Place to the connection. City 1 1 1 5. Widening of Balboa Boulevard from Sixth Street to Fifteenth Street. City 6. Construction of Pacific Way alternate route for Balboa Boulevard along Pacific Electric right-of-way between Thirty-second Street and the Coast Highway with a continuation of Ocean Front. City 1 1 3 7. The extension of Front Street from Twenty-third Street to the Pacific Electric right-of-way at Thirty-fourth Street. City 1 1 2 -25- Official Plan Right of Way Sponsor Lines Acquisition Construction $. Beach Parkway. Construction of Parkway along the beach from MacFadden Place to "G" Street. City - - 1 and 2 9. Construction of a Six-lane, controlled access highway through Costa Mesa to follow the old railroad right-of-way from Seventeenth Street to the Arches. State - - 1 10. The widening of Newport Boulevard and Via Lido, and intersection treatment. City - - 1 11. The widening of Alley between Agate and Pearl Street, south of Park Avenue on Balboa Island. City - 1 1 12. The extension of Thirty-first Street to connect to Lafayette Avenue at Thirty-second Street. City 1 1 2 13 . The widening and improvement of Bayside Drive between Marine Avenue and Marguerite Street. City and County 1 2 3 and 4 14. The connection by new bridge from Onyx Avenue to Marine Avenue at Bayside Drive. City 1 2 3 15. Installation of traffic signals on Coast Highway at the entrance of the Balboa Bay Club. State - - 1 16. Installation of Traffic Signal Coast Highway at Poppy Avenue. State - - 1 17. Installation of Traffic Signal Marine Avenue at Bayside Drive. County - - 1 18. Installation of Traffic Signal Marine Avenue at Park Avenue. City - - 1 19. Installation of Traffic Signal Balboa Boulevard at Palm Street-. City - - 1 20. Installation of Traffic Signal Balboa Boulevard at Eighth Street. City - - 1 -26- Official Plan Right of Way Sponsor Lines Acquisition Construction 21. Installation of Traffic Signal Balboa - Boulevard at Fifteenth Street. City - - 1 ` 22. Installation of Traffic Signal Balboa Boulevard at Newport Boulevard connection. City - - 1 23. Installation of Traffic Signal Balboa Boulevard at MacFadden Place. City - - 1 24. Installation of Traffic Signal Newport Boulevatd at Via Lido. City - - 1 25. Installation of Traffic Signal Newport Boulevard at Thirty-second Street. City - - 1 26. Installation of Traffic Signal Coast Highway at proposed Banning Tract connection. City - - 2 27. Installation of Traffic Signal proposed Beach Parkway at MacFadden Place. City - - 2 28. Installation of Traffic Signal proposed Beach Parkway at Eighth Street. City - - 2 29. Installation of Traffic- Signal proposed Beach Parkway at Palm Street. City - -- 2 30. Installation of Traffic Signal Front Street Extension at Pacific Electric right-of-way (Pacific Way) . City - - 3 31. Installation of Traffic Signal Newport Boulevard at Eighteenth Street (Costa Mesa) . State - - 1 32. Installation of Traffic Signal Newport Boulevard at Nineteenth Street (Costa Mesa) . State - - 1 33 . Installation of Traffic Signal Newport Boulevard at Twentieth Street (Costa Mesa) . State - - 1 -27- 1.3""Recommendations j. That the City and County urge early consideration by the State Division of Highways of the a. That the proposed Street and Highway proposed realignment of the Coast Highway northeast of Master Plan be reviewed in detail by the Planning Com- Corona del Mar. mission jointly with the Orange County Planning Com- mission and Road Commissioner. k. That annual accident spot maps main- tained by the Police Department be retained so that a b. That the Master Plan, "with modi- long term analysis of accidents may be made. fications deemed necessary as the result of the joint review; be adopted in-accordance with law by the City 1. That the City request "the Southern and County. Such to serve as a general guide for street California Edison Company to work with the Engineering development and improvement over a long term -period. . - Department and prepare a long term street lighting plan c. That a detailed improvement program for- the City. be- set out by the Engineering Department of the City m. That a modern traffic and parking for a period of five years and that, such be- maintained ordinance be adopted by the City. for five years prior to construction. This detailed improvement program to be correlated with a financial n. That a traffic advisory committee program for such. be formed composed of the City Manager, City Engineer, d. That the above mentioned program be Police Chief, City Attorney, and Planning Advisor. " submitted to the Planning Commission for review and o. That all proposals for installation transmitted with"their recommendations to the City of stop signs, traffic signals and other control devices Manager and Council. be acted upon by the Traffic Advisory Committee. e. That work on drafting engineering p. That periodic review of accident plans and specifications be undertaken at least one spot maps be undertaken by the Traffic Advisory Com- year prior to date proposed for start of construction. mittee to study possible changes in traffic control, street lighting or other improvements in order to re- f. That a copy of the Street and High- duce accident incidence. way Plan be forwarded to the District VII Office of the State Division of Highways with a, request for coopera- q. That the Traffic Advisory Committee tion in accomplishing the objective" of the Plan. use the Master Plan as a general guide in their delib- "- g. That standard street sections be erations. adopted for use by both City and County in the area. r. That the Master Plan be reviewed jointly, by the City and County Planning Commissions h. That the street layout in new sub- each year and their recommendations for changes or divisions be required to meet the pattern set forth modifications deemed necessary submitted to the in the Master Plan. respective legislative bodies. i. That Official Plan Lines be adopted by ordinance as suggested herein. -2$- SECTIDR' 7 Parking- Flan- - - - There is no easy solution to the parking problem. Each city either has a considerable 2.1 Genmal Considerations: number of parking difficulties or it has one outstand- ing parking problem having numerous phases or elements Streets and highways and the which call for study and attack on a broad front. The vehicles that move over them are means to an end, first step is to make the most efficient use of exist- however, at the "end" there must be a place to stop, ing facilities in harmony with- intelligent city- plan- a terminal facility to park the time required to ning- and replanning. But here, as elsewhere, • study - complete the purpose of the trip. and planning, if it is to have any real value, must be followed by action. This requires a long-range pro- Terminal facilities have long been gram and continuous cooperative effort on the part of recognized as integral parts of rail, bus, water and both public and private interests. air transport and indispensable to such transporta- tion systems. -The parking problem has seldom been The majority of space used as considered in the same light although just as import- terminal facilities for motor vehicles has been pro- ant and indispensable. vided at the curb along the street systems of our cities. The use of such curb space for parking re- duces street capacities for moving traffic, often - 2.2 The-Problem creates accident hazard, and is "not -an economical use of street space. The need of street space for moving The parking problem although not traffic is the foremost consideration and must be old, is, however, one of the most serious problems weighed against the need for terminal facilities in facing many cities today. The problem was at first the particular area involved. confined to central business districts, but business development in outlying areas often failed to profit The number of cars that can be from the experience of the central districts and did accomodated by curb parking spaces is governed by a not provide adequate parking. Lack of parking space number of factors. The actual lineal footage of has also become3 a major problem in connection with curb parking space is always reduced by space for public facilities such as churches, "schools, halls, loading zones, and street corners. Careful eonsidera- etc., and in Newport Beach is acute even in residen- tion should be given to holding such restricted curb tial areas. space to a minimum. One of the reasons for the com- The time factor controls the plexity- of the problem is the large number of indi- number of cars that can be parked in any given curb viduals, companies, and agencies with conflicting space, hence the development of time restrictions. interests concerned with the parking problem. While the national average for curb space occupancy is 38 minutes, restrictions in different -.cities vary from Recognition is slowly being ten minutes to two hours. given to the tremendous effect that traffic conges- tion and lack of parking space have upon the economic Mobile parking is an adjunct to nor- stability of a community. Dispersal of business, mal curb parking. Mobile parked 'vehicles are those which reduction of land and building values and blight, cruise around looking for a space, or those vehicles in have been proof of this fact. which a driver rides around, for lac-k of parking space, while another occupant of the vehicle shops or attends to other business. -29- Obviously, mobile parking is The parking problem in the City of undesirable, not only because of the additional mov- Newport is somewhat unique because of its seasonal ing traffic load it creates, but because of the conges- characteristics and "the fact that pit involves a number tion caused by vehicles cruising at a very slow pace. of different problems in the several commercial areas of the city. The Balboa area is best situated for off- Another adjunct to normal curb park- street facilities, and the curb facilities, particu= ing is double parking. The stopping of a vehicle in the laxly with the improvement of Central Avenue, are fair. traveled roadway alongside other vehicles parked at the In direct contrast, Balboa Island has little off-street curb or in the center of the street is a direct result parking availqble and curb parking is not adequate to Of either not enough parking spaces near the desired meet residential needs, let alone the commercial re- destination or a disinclination on the part of the ve- quirements. Corona del Mar is also lacking in off= - hicle operator to look for a space in the neighborhood street parking facilities; however, no critical prob- and walk back to his destination. The practice of double lem exists at the present time because of the scattered parking creates a nuisance, a hazard and obstructs development along Coast Boulevard. traffic. The commercial area in Newport along People will not walk any great dis- Central Avenue and at MacFadden Place is in need of tance from a parked car to do their shopping, or for additional off-street facilities, as is the commercial any other normal purposes- of a motor vehicle stop. development along the highway east of the Arches. The Studies in several cities, around the 20,000 population usage of both curb and- off-street space appears to be size, indicate the following: near the capacity mark, during the whole of the summer season. A great deal of the traffic congestion in areas such as Balboa Island and Newport is due to the TABLE % lack of adequate parking facilities. The dense develop- ment of residential areas, both on the Peninsula, Distance Balboa Island and Corona del Mar, has added tremen- People Are Willing to Walk From a Parked Car dously to the severity of the parking problem- and has Distance in Blocks spread the problem throughout the entire area, rather Parking Time 1/2 1 2 3 4 5 6 than allowing it to concentrate purely in the commer- cial area. 1/2 Hr. 100% 95% 46% 21% 7% 3% 1% 1 Hr. 1p0% 99% 57% 30% 17% 6% 2% 2 Hrs. 100% 99% 79% 52% 26% 100 4% 2.4 The Parking Plan Over 2 Hrs. 100% 100% 94% 73% 41% 21% $% The Master Parking Plan proposes a solution to the parking problem by the development of 2.3 The Study both public and private parking facilities as set forth on the map on the following page. 2.31 Existing Parking Facilities a. The Plan proposes for the Balboa Existing parking conditions in the area the development by the City of Newport Beach of a City of Newport Beach are set forth on the map on Page 14 parking pad on the beach property between A and B in the Book of Maps. Indicated are existing off-street Streets, this to supplement the present pad between parking facilities and their capacities. Also shown are Adams and Washington Streets. the metered areas and the type of parking permitted in such areas. -30- MASTER PLAN TYPICAL PARKING LAYOUTS J//L J� CITY OF NEWPORT BEACH J of CALIFORNIA LEKLEA FIGURE NOIc „ ., rre c++ 0 L MASTER PARKING PLAN LEGEND �AI Wes. FACILITIES TO BE PROVIDED BY TYPICAL OPEN-DECK MULTI-STORY PARKING GARAGE PARKING DISTRICTS FIGURE NO Y ' � / ' G FACILITIES FACILITIES TO BE PROVIDED• z os -v c+.s-s u. a+s rc--sa sc •, ru u+ � � � U THE CITY OFF NEWPORT BEACH O B\ PROVIDED By CITY IN CONJUNCTION WITH BEACH �I PARKWAY PROJECT PROPOSED BEACH PARKWAY GENERAL AREA IN WHICH A PARKING BUILDING IS NEEDED ON Y I ✓' (��((''IIT B it / —� BALBOA ISLAND ® EXISTING FACILITIES TO BE MADE PERMANENT BY PUBLIC ACQUISITION OR LEASE �✓ \ \ \ II \ \�� fey � /� ��1�1' -� �� Wr7� ��� m EXISTING CITY PARKING LOTS � D ' NOTE _ if ! V I NA, w T � 'e �I �"i IAA ( STRIP COMMERCIAL DEVELOPMENT �� I �r � 69B a v IIIBORDERING 'STREETS MARKED THUB ii SHOULD PROVIDE m �• s 1 PARKING TXRU THE USE OF PRO— r Dj R f 9 Y VISIONS IN THE ZONING ORDINANCE I I C b. The Plan also proposes the City to the Arches be utilized for off-street parking. Also, of Newport Beach construct parking facilities on °A° off-street parking could be provided on the south side Street north of Balboa Boulevard, and between Bay of the highway on city owned land westerly of the Avenue" a-ad the Alley, and on Bay Avenue at Adams Balboa Bay Club. Street; as well as Bay Avenue between Ninth and -Tenth Streets. h. Along the State Highway easterly from the Balboa Bay Club new development should be re- c. It is believed that the resid- quired by zoning to provide sufficient parking to take ential area along the Peninsula will be adequately care of -its needs. " It is suggested in Corona del Mar served by a recent improvement on Balboa Boulevard that parking also be required by zoning, or that as an providing for additional curb parking and the parking alternate, a parking district be formed to provide for pads which would be part of the Beach Parkway. the development of a number of scattered facilities, d. In the Newport business area at as set forth on the Parking Plan. It is proposed that wp y Newport Beach develop the parking facili- Central Avenue, Coast Boulevard and MacFadden Place, ties on Bayside Drive between Larkspur Avenue and it is proposed that off-street parking be provided Carnation Avenue, as well as the facilities on Bayside along the old railroad right of way between 23rd and Drive at Carnation Avenue. 26th Streets, and also that parking be provided at the rear of stores facing on Central Avenue between i, The problem on Balboa Island is 26th and 30th Street -utilizing the same railroad most -difficult. It is the belief of the authors of right-of-way. - This move, of course, is dependent on this plan that no solution can be readily found be- the proposed connection from Central Avenue to Coast cause of the existing dense development and high values Boulevard. It is suggested that pending the develop- of property. It would appear that the only solution on went of the Coast Boulevard - MacFadden Place inter- the Island would be the possible development of multi- section, as set out on the Street and Highway Plan, storied parking garage immediately adjacent to the - the old Pacific Electric station area be utilized for commercial area. The exact location of this facility off-street parking. would be .dependent upon a .careful appraisal to deter- mine the worth of properties that might be utilized e. It is also propQsed" that the City for such facility. of Newport Beach erect a pad- off the Beach Parkway and opposite 20th Street to aid and relieve parking in the The graph shown on the following page MacFadden Place business area. indicates the comparative cost of a parking lot and an open deck garage and also shows when it becomes econo- f. In order that parking facilities mic .to utilize the garage, based on rising land cost. may be made available to the industrial area, it is proposed to develop a parking lot running from 30th Street to 32nd Street, as shown on the Master -Parking Plan. g. On the State Highway it "is pro- posed that the present parking facilities at Tustin Avenue be retained and made permanent by public ac- quisition or lease. In addition, it is suggested that a portion of the area proposed in the Master Plan for park development south of the State Highway adjacent -33- COMPARATIVE COSTS PARKING LOT AND OPEN DECK GARAGE 3000 i 0) Q J J 2500 O O 2000 TWO DECK GARAGE r isl � V 1500 a J FOUR DECK GARAGE N O. 1000 NPARKING LOT BASIS: 0 400 SO FT. PER SPACE IN GARAGE V 340 50. FT. PER SPACE IN LOT Q5D0 $ 1000 PER SPACE ,CONSTRUCTION F.. COST FOR GARAGE 0 100 PER SPACE CONSTRUCTION F- COST FOR LOT 000000 O 1 2 3 4 5 g 7 8 LAND COST • DOLLARS PER SQUARE FOOT 2.5 Design of Off Street Parking In locations where cars are parked by attendants, the Facilities dimensions of stalls for angle parking may be reduced by as much as 2j feet in both width and length, and The design of a specific park- drives may be reduced by about 2 feet in width. -ing '3at--should--take inty siderat' --a-great . . many factors. Some of the important aspects are: ' 2.6 Financing a. Location of entrances and exits to produce minimum con- The financing of off-street facil- flict with vehicular and ped- ities has been accomplished in a number-of ways. ' estrian traffic. Through a recent study by Dun and Bradstreet, Inc. b. Circulation if possible within indicated the following methods were in common use. the lot so that drivers can 1. Donations locate vacant stalls without 2. Private financing, usually by returning to the street. association of merchants in benefited areas. c. Pedestrian access from the lot 3. General revenues. as directly as possible to the 4. Parking-meter and facility area served. revenue. d. Possible future use of an open 5. General obligation or special P assessment bonds (especially for parking lot as the site for a free lots) . parking garage. 6. General obligation bonds with Followingare shown suggested pledge, or use, of parking gg revenues. sizes of parking- stalls and drives for the various 7. Bonds payable solely from parking types of parking, designed to facilitate customer revenues; security may include parking. (a) Pledge of g parking meter in- come. (b) Special assessment on Parallel 45 Degree g g benefited property. Stall Size $° x 22 $° x 18 $° x 18 $° x 18 8. Various combinations of the above. It was stated that the method of *Width of financing depends on a number of factors - the extent of Parking Lane $° 170 1$0 1$0 the facilities to be financed, the borrowing margin of the city, statutory provisions for issuance of revenue *Width of bonds, to mention a few. I£ a city has sufficient bor- Drive 14 160 1$0 240 rowing margin not needed for other types of improvements, general-obligation bonds with pledge of revenues of the Approx. Xo. facilities will usually attract the most favorable interest Cars Parked rate without adding anything to the general property tax Per 100 lin. burden. The trend, however, appears to be toward a ft. of curb 4.6 8.8 10.8 12.5 greater use of revenue bonds. The interest rate on park- ing revenue bonds may reflect the fact that such bonds are * Distances are measured perpendicular to center still unfamiliar to most investors; as more revenue bonds line of driveway. -35- are sold, this factor will become of less importance. Experience throughout the Nation 2.7 Schedule of Improvements has been that private enterprise has not been able to provide a satisfactory answer to the parking pro- blem and that the municipality must accept the re- Suggested Time Schedule for Acquisition and Development sponsibility if the central business areas are to survive. A suggested time schedule for acquisi- tion and development of the off-street parking facilities Municipal acquisition and develop- proposed by the Master Plan is set forth below: ment of off-street parking facilities is desirable because of: Time Phase 1 - 1951-1955 The ability of the City to use Time Phase 2 - 1956-1960 - condemnation proceedings to Land Construc- acquire land properly located to Project Acquisition tion serve the parking demand. - Pacific Electric Station area 1 1 The assurance of permanencycf park- Bay Avenue between Ninth & Tenth Sts. 1 1 ing facilities. Bay Avenue at Adams St. 1 1 Bay Avenue at "H" Street 1 1 The fact that land can usually be Beach Pad (Balboa) between acquired and developed at less "A" and "B" Streets - 1 cost by the City. Beach Pad (Newport) between MacFadden Place and Ninteenth Street - 1 There is a host of enabling legis- Tustin and Avon Streets 2 2 lation with respect to automobile parking facilities Pia Lido Area (3 lots) 2 2 in the State of California and an analysis of such Coast Highway near Arches = 2 legislation is set out on the following page. Coast Highway near Balboa Bay Club - 2 Pacific Electric right-of-way along In order to provide ideas for the Central Avenue 1 1 improvement and- financing of parking facilities, and Beach Parkway Pads - 2 their operation, a questionnaire was sent to a number Coast Blvd. (Corona del Mar) DISTRICT 1 1 of cities of various sizes in 1950 seeking informa- Bayside Drive and Camatian Avenue - 1 tion concerning municipal off-street parking facili- Bayside Drive and Marguerite Avenue - 1 ties. The results obtained are summarized on the Marine Avenue (Balboa Island) following two pages. Garage DISTRICT 1 1 and 2 Off Lafayette Avenue betweeen Thirtieth and Thirty-second Sts. 1 1 The time schedule is submitted to in- dicate a priority of need. It will be necessary to devi- ate in cases where land becomes available at a reasonable price or where proposed construction would terminate the use of land for off-street parking facilities. ANALYSIS OF STATE GENERAL ENABLING LEGISLATION WITH RESPECT TO AUTOMOBILE PARKING FACILITIES, 1949 HY•al bt Iw nmLntlm PnPe• Lia{vvW 1d,4u1K S«SWt1m Hemii Pm+ilme•nL Pmn+or YWrlb#tn L•pK{b• i IIYdaM Pint K K #m LIDsly S•n1toT1II Peeftlm a[ YPmI11ttY balgn n nm meeq Ye xee w.utwq a.rYeYum Pea n.u.lum .eu, a mLLem em.scmum rdtmm•ma um ,e • a m .'m L n r.naai 3.aWdun Lob#m apwvrLL a w ta•w cmr�er�w emtneu = •e r> w m « Hm aL eYvlea�Im- Mm1e1PlSV{Sv<]eF aYtl eKt�S- rym wuum b N r a•caa•b amty¢SCf v[ueueq nw. •91n •Yocum to aiat d[wn wu<pa yal iv w ado- 5171Z�i Try a 4ev. Sv Ya1ciPLltSn I« dr gt3rr Kd tvh M K 1u19- wNa1•eI [t le^t w Lm•hut•.Sep Ccvcr3a a•c>er t emrmt b]<•M nlaf•r,ar rYt mt W e«e$/p[Iltll.Y «tl ys e[m•SYb m•Pw#atY q W'k" 4v«t b imu•N bb#m1n a Yl b 2$t q wre- wM1<evb Len t nNd W p<mla•tm d•em<•1 fee w•adL3L.um lwiclPllb ld•1! W ueq nlwtlmr m ealndln m1 q t•li[CmY,#m Y- Si T<•[m corm- bmd b a PrroM dvl WSO •S my fv PWaeq Plb. 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HAHN,CAMPBELL 8 ASSOCIATES-PLANNING CONSULTANTS BURLINGAME,CALIF. TABLE %I MUNICIPAL QFF-STREET PARKING STUDY City No.o£ No.o£ IMPROVEMTS Stalls Lots Land.or Costs Cast per Reporting Lots Spaces Oiled Seal Coat P1antMix Asph.Conc. Marked Li'd Fenced Other Land Improveots Total Space -yes_ -110,000 Alhambra 9 392 x Yes(5-no No (4-City owned 3,500 113,500 Burlingame 1 25 x Yes No No Conc.Bump. 17,000 79700 243700 988. Eureka I Graded & Gray. No No No No record El Centro 1 24 x Yes Yes No 3,000 2,500 5,500 229, Fullerton 2 125 x Yes No No 45,000 33000 48,000 384. Glendale 1 98 x Yes Yes Land.Rein.Curb - 3,000 3,000 30. Bumper Huntington Pk. 2 116 x Yes Yes Fen. 80,000 103000 98000 847.(Inc.Meters) Inglewood 1 53 x Yes No 65,000 1,000 66,000 1245• Lodi 1 39 x Yes Yes No Rein.Curb 100.Mo.Rent 750 Bumper Merced 4 - 1 3 Yes No No 45,000 7,000 52,000 Modesto 3 278 x Yes No No 34,473 1,541 36,015 129. Monterey 1 250 x Yes Yes Land. City Owned 5,544 5,544 22. Menlo Park 1 180 x Yes No No 25,000 15,000 40,000 222. Redwood City 1 49 x Yes Yes No Sidewk 33,950 5,500 39,500 805. & Rails Palo Alto 2 160 x Yes 1-Yes Land. 132,042 1-83445 14o,487 878. San Buena- 1 88 x Yes Yes No. 50,000 1,500 51,500 585. venture Santa Ana 1 56 x Yes Yes No Guard Rls 30,102 2,986 33,088 591.. Santa Rosa 1 153 x Yes No No Cone-Nks 35,300 18,380 53,680 350.(Inc.Meters) 'Whittier 3 144 x Yes 2-Yes Fenc. 45,340 12,759 58,099 403.Unc.Meters 1-No 2 lots) -38- MUNICIPAL OFF-STREET PARKING STTMY - Con't - Attidt Coll. City No.of No.-Of Cost-per Parking Meters Attodt Self Validation Financing' ` Reporting Lots Spaces Total Space Type Rate- Parked Parked Rates By Merchants Meter Rev, Bond 2-Hrapp Alhambra 9 392 113,500 Auto. 10-Hr.,29¢ No - Yes Yes Burlingame 1 25 24,700 988. Mantl 1 Hr .05¢ No Yes 21,500(Meters) Eureka 1 No No No No No E1 Centro 1 24 5,500 229. Meters to be installed Fullerton 2 125 48,000 384. No No 483000 Glendale 1 98 3,000 30. Auto 2-Hr .05¢ No No , 3,000 No Huntington Pk. 2 116 98,300 847.(Inc.Mtrs)Man.l-05¢2 10¢ No 52417 Inglewood 1 53 66,000 11245. No Yes 1-25¢ Yes(SI.Min)66 000 Priv.Opr.$250.Mo. Lodi 1 39 '856 No No None No Plg<Metrs No (0100:Mo:Rent) Merced 1 52,000 No No Yes Modesto 3 278 36,015 129. No No (2-Y-es' (1-Gen.Fund' " Monterey 1 250 53544 22. No No Gen.City Rev. Menlo Pk. 1 180 40,000 222. No No No 40,000(Spac.Assess) Redwood City 1 49 39,500 805. Auto. 2-Hr .05¢ No 15,500 (12;000-Gen.obliga. (12,000-Ass.to Mer. Palo Alto 2 160 140,487 878. Man. 2Hr .05¢ No No Yes From meter funds San Buena- 1 88 51,500 585. No No No ventura Santa Ana 1 56 33,o88 591. Man. 2-05¢ 410¢ No Yes Day .20¢ Santa Rosa 1 153 53,680 350(inc.Met)Auto 1-01¢2-02¢ No No Yes Day 10¢ Whittier 3 144 58,099 403(Met.2 Man. 2-05¢(2 lots) 1-lot 10¢1Hr lots) .05¢A£ter Yes($1.Min) 75% Sts. Tot.Lots -3 9- 2.8 Recommendations 7. That the merchants and property owners of Balboa Island give consideration to the construction of a multi-"storied open-decked parking 1. That the City accept the garage to be financed either by the formation of a responsibility of acquiring and developing off- Parking District, or by cooperative action of merchants street parking facilities in areas now served by and property owners on the island, parking meters. ' 8. That the Master Parking Plan be 2. That the Master Parking Plan reviewed each year by the Planning Commission together be adopted in accordance with law as a general guide with the Committee set forth in Recommendation No. 5, for acquisition and development of off-street park- above. ing facilities. 9. That any modifications, deemed 3 . That a detailed program for necessary, be recommended to the City Council for acquisition- and development of off-street parking firmal adoption. facilities be set out," conforming to the Master Plan, by"the Public Works Department of the City. This to include detailed cost estimates for acquisition and improvement of proposed facilities. 4. That a committee consisting of the City Manager, City Attorney, City Engineer, Chairman- of the Planning Commission, and a merchant and business property owners group be appointed to work out a detailed financial program to facilitate the Master Parking Plan, the recommendations of this committee to be submitted to the City Council for their action. 5. That provision be made to require by zoning, sufficient off-street parking for new busi- nesses along Coast Highway from the Balboa Bay Club easterly and through the Corona del Mar area, or that ,asan alternate, steps be taken to provide off-street parking by cooperative action of the merchants them- selves, or by formation of a Parking District in the Corona del Mar area. 6. It is also recommended that the cooperation of Orange County be secured to establish similar zoning requirements for parking in the com- - mercial areas at the intersection of Marine Ave. and Bayside Drive and the area on the north side of the State-Highway from the city limits to the County Road, extension of Bayshore Drive. -40- SECTION 3. Land Use and Zoning Plan 2. Emphasis on negative language 3.1 General which prohibits rather than positive language which permits. Zoning or the regulation of the 3. Undue emphasis on the restrictive use of land, in its original and primary sense., is rather than the protective features the" division of" an area into districts and the pre- of zoning. scription and application of' different regulations in each-district. Zoning regulations are divided 4. Failure to control open space and into two classes: (1) those which regulate height population directly and adequately. or bulk of buildings within certain designated districts, and (2) those which prescribe the use 5. Lack of flexibility, including to which buildings or land within certain designated provision for large scale develop- areas may be put. ment. Zoning conveys no vested rights 6. Failure to extend zoning controls to any individual, since, under the police power, to cover entire urban area (in- the interests of the community are paramount. cluding fringe areas of cities. The police power is a flexible 7. Absence of close relationship- instrument which can through due legislative action between zoning and planning func- be adjusted and expanded to meet the new and chang- tion. ing conditions of society at any given time, within- the limits of reasonableness. 8. Lack of flexibility to meet needs The important point is that of modern city. from this flexibility stems the capacity to adjust Zoning should have a sound conception and improve zoning regulations to meet the increas- for future needs and development of the area. To pro ing complexity of urban centers. Without the power erly prepare such a zoning plan a statement of ob- p to adjust and meet changing needs, zoning would jectives for the guidance of Planning Commission, leg- rapidly become a hindrance to progress. islative bodies and the public must be p prepared in ad- vance of any zoning plan. The prospective land use is Many zoning ordinances are in- essentially such a statement of objectives. The zon- adequate and deficient in that they bear little re- ing map is the instrument by which some of these ob- lation to public purpose. Too restrictive and in- jectives may be realized progressively through the flexible regulations of the use of land which bear regulatory operation of a zoning ordinance. Neither no relationship to the overall benefit of the area the land use plan nor the zoning plan will have much can be harmful as inadequate zoning regulations. vitality or constructive vqlue unless each is based The following deficiencies seem to be the most preva- upon an adequate and intelligent survey and appraisal lent: of existing land uses. 1. Failure to relate zoning to existing and future land use, need and demand. -41- Emphasis has been placed on re- small, isolated, irregular and strictive quality or zoning ordinances with too little attention paid to the equally important protective illogical in their application. quality. The older concept of protection to residen- Where they have merit it should tial development-only game "the original impetus to- be possible for the granting body zoning. The protective features of zoning have not, with the advice of the Planning until recently, been used for other types of uses. Commission to modify the amend- If protection of residential areas from adverse in- ment petitioned for, in order to fluences is valid exercise of police power, then busi- assure a logical and stable ness, industry and agriculture are entitled to the boundary rather than an arbitrary same protection. All types of land uses should be one. allocated to areas most appropriate to their needs 2. Flexibility in the design. and then protected from the adverse effects of other uses. It is possible and often true that residen- The extent to which zoning regu- tial development in industrial- areas can be -as lations apply to the individual detrimental to industry as the encroachment of in- lot is often such as to leave dustrial uses into a residential area. little latitude for the origin- ality and ingenuity of the de- 3 .2 Flexibility signer. To the extent that it can be done without prjudicing Too often zoning ordinances im- adjoining properties, and the pose rigid regulations upon property owners and major objectives of the zoning public officials alike which make administration regulations, this latitude should needlessly difficult. Experience with zoning and be broadened, particularly in the its administration, together with changing methods field of the disposition of of building indicate a need for incorporating reason- building bulk without exceeding able specified limits of building vol- ume and intensity of use. The effectiveness and stability 3. Flexibility in large-scale devel- of zoning regulations need not be jeopardized by opment. relaxing the rigidity of the old zoning ordinance. The major type of flexibility Increasingly, modern construction which should be considered in the drafting of a extends beyond the limits of the individual lot, or even the size- modern zoning ordinance is as follows: able parcel, to blocks and super- 1. Flexibility at district blocks, and even to entire com- munities. It is obviously im- boundaries. possible to forecast such develop- ments in all their detail, at the Petitions for zoning map time comprehensive zoning is done. amendments presented by pro- It is clearly desirable that the perty owners seldom bear any greatest possible freedom be given clear relationship to the in their executionp subject always larger considerations which to the basic limitations of good determined the original land use planning and sound zoning. zoning, and are likely to be -42- Modern zoning ordinances may 6. Flexibility in _industrial zoning. therefore be expected increas- ingly to include provisions The regulations of industry on relaxing the necessarily some- the basis of performance rather what rigid regulation applic- than rigid adherence to type is able to individual lots in favor an important field in modern or better opportunities for practice which should be more comprehensive large-scale dev- fully explored. elopment projects. These six forms of flexibility, if 4. Flexibility regarding special properly drawn and incorporated into the ordinance will types of uses. go far toward improving zoning and removing undesirable rigidities which today plague many cities. Experience has shown there are a number of uses which do not fall logically within any of 3 .3 The Existing Zoning Ordinance the accepted zoning use district categories, yet may be needed 3.31 General Principles. in several or all of the dis- tricts, such as parking lots, The present zoning ordinance and garages, airports, hospitals, plan drafted by the Consultants and adopted by the educational institutions, and Planning Commission and City Council has incorporated the like. into it the five (5) cardinal features which modern zoning ordinances should possess. They may be briefly For these, the "conditional stated as follows: use" or "special approval per- mit", subject to appropriate 1. Provision of zoning districts and specific conditions and based on present and future need. safeguards, preferably by the Planning Commission, supplies 2. Flexibility to adjust to changing a needed form of flexibility. conditions, retaining at the same time the essential quality of 5. Flexibility of transitional stabilized land use. uses. 3. Provisions which create more Any system based upon de£in- graduated transitions from one ing district lines, which must use to another. often be somewhat arbitrary, is subject to the charge of 4. The positive statement of princi- inflexibility. Provisions ples to be observed rather than which create more graduated a statement of prohibitions to be transitions from one use to imposed. another should be increasingly incorporated in modern zoning t o*dinances. -43- 5. Recognition that the various Duplex Residential District uses outlined and arranged on or R-2 District the zoning map all have a vital place in the economy of Restricted Multiple Family the community. Recognition - Residential District or of the compatibility and in- R-3 District compatibility of various land uses. Multiple Residential District or R-4 District Beyond observing certain legal forms and phraseology which must be observed the Light Commercial District proposed ordinance has been written as simply and or C-1 District clearly as possible. General Commercial District Both ordinance and map are com- or C-2 District prehensive in coverage of all parts of the City and in the inclusion- of regulations relative to use of Manufacturing District land, height or bulk of buildings, extent of open or M-1 District spaces and density of population. Unclassified" An attempt has been made to classified or U District provide equal protection for all uses eliminating Combining or B and H District the old principle of „higher or lower" "more restricted" or "less restricted uses". The ordinance recognizes The zoning ordinance, with all types of uses as having certain requirements and conscious purpose, is designated to (1) differentiate characteristics which are entitled to protection between the various types of residential uses with from adverse uses. two outstanding thoughts in mind; (a) to protect "i single family development from the adverse effects Finally the ordinance is prat- of multi-family development; (b) to regulate all ✓ tical, flexible and can be effectively and efficiently residential uses by direct population density stand- administered. ards rather than by rigid classification of types; (2) to protect commercial and industrial develop- ment from encroachment of uses which might be 3.32 Provisions and Objectives. mutually detrimental to such development; (3 ) to achieve stability of land use, df desirability, and The present zoning ordinance of values by minimizing mutually adverse influence consists of two parts: the text which sets forth through not only protection of all uses, but through the regulations in each of the various districts allowance of certain transitional uses under proper and the administrative procedure; and the various permits and controls; and (4) require off-street land use at--set --forth in{the-brdinance on the^zon- parking space for the storage of automobiles in con- ing map which are as follows: junction with all new residential development and also in conjunction with all new places of assembly Agricultural - Residential which are large generators of vehicular traffic and District or R-A District parking; and to require off-street parking space in certain commercial and industrial areas, where traffic Single Family Residential warrants, in conjunction with new development. District or R-1 District -44- Summary of uses allowed in various gasoline storage, machine shops; and subject to re- districts under the present ordinance. curing a use permit light manufacture including boats, clothing, novelties; accessory uses. 1. Agricultural - Residential or R-A District - Single • Family dwellings, light farming and accessory uses. 8. . Manufacturing or M-1 District. Retail and wholesale stores or storage, service establishments, light 2. Single Family or R-1 District - Single Family industrial and manufacturing uses; subject to ob- dwellings, accessory uses. taining a use permit: all uses permitted in any R District. 3. Duplex Residential or R-2 District - Single Family dwellings, duplexes, accessory uses. 9. Unclassified or U District. Requires a use permit for any use to be established. 4. Restricted Multiple Family Residential or R-3 District Single Family dwellings, duplexes- and 10. Combining, "B" and "H" Districts. R-1-B: All- uses triplexes; subject- to obtaining a use permit, allowed in R-1 District. Lot area increased from multiple dwellings, apartment houses, hotels , 4000 sq. ft. to 6000 sq. ft. , frontage from 40 ft. motels, rooming houses and boarding houses and minimum to 60 ft. upon the obtaining of- a use permit: community centers, social halls, lodges, clubs, and rest R-2-B: All uses allowed in R-2 District. -Lot homes; accessory uses. area increased from 4000 sq. ft. -to 6000 sq. £t. , 5. Multiple Residential or R-4 District - Single frontage from 40 ft. minimum to 60 ft. Family dwellings and duplexes; multiple dwelling R-3-B: All uses allowed in R-3 District. Lot groups and apartment houses; subject to obtaining area increased from 4000 sq. ft. to 6000 sq. ft. , A use permit: hotels, motels, rooming and board= frontage from 40 ft. minimum to 60 ft. Each family ing houses; trailer courts, professional,offices, unit requires 1500 sq. ft. of land area. community centers, lodges, clubs and accessory uses. R-4-B: All uses allowed in R-4 District. Lot area increased from 4000 sq. ft. to 6000 sq. ft. , front- 6. Light Commercial- or C-1 District. Any use age from 40 ft. minimum to 60 ft. Each family unit permitted- in R-1, R-2, and-,R-3 _Districts; retail requires 1500 sq. ft. of land area. and service establishments, officers; and subject to obtaining a use permit, auto sales and repairs, "H". When "H" is combined with any C or M District boat sales and repairs, • launderies, launderettes, the following off-street parking spaces will be outdoor- sales, theatres, used car sales, public required in conjunction with all new development garages, pet shops, mortuaries, cleaning and allowed in the respective districts according to dyeing; accessory uses. the following formula: 7. General Commercial or C-2 District. Any use 1. Retail Stores, 1 parking space for each 200 sq. ft. permitted in any R-3 or C-1 District except and 1 loading space for each 10,000 sq. ft. of store Single Family dwellings and duplexes which are floor area. subject to obtaining a use permit; wholesale stores and storage in- a building, building materials, 2. Office Buildings, 1 parking space for each 500 sq. bottling works, contractor*s yards, feed and fuel, ft. of floor area. -45- 3 . Wholesale and Industry, 1 parking space for The amendment of the ordinance each 5 employees and 1 loading space for requires two (2) public hearings before the Planning each 10,000 sq. ft. of floor area. Commission and one before the City Council. The amendment procedure may be initiated by a petition 4. Restaurants, 1 parking space for each 4 seats. of one -or more property owners, or by resolution of intention by either the Planning Commission or the 5. Public Assembly, 1 parking space for each 10 City Council. seats. Violation of the Ordinance is 6. Theatres, 1 parking space for each 10 seats. punishable as a misdemeanor, and in addition, provi- sion is made for abatement and enjoinment. 7. Hotels, 1 parking space for each 1,000 sq. ft. of floor area. I The Zoning Ordinanace and Plan sets out ample areas where all desirable types of 8. Hospitals, 1 parking space for each 1,000 development may be established. sq. £t. of floor area. Recognition must be given to the 9. Clinics, 1 parking space for each 500 sq. ft. fact that- no Zoning Plan can be developed that will of floor area. satisfy each individual and that the interests of the community as a whole must be considered above that of It will be noted that in the individual. • residential districts the combining of "B" dis= tricts take the place of the method used in Ordinance #5� which increased yard requirements 3 .33 Comparison of areas used for above a certain elevation. It is felt that the various purposes. new method is a more positive approach. In the following charts are com- The use permit procedure parisons between the areas typically devoted to dif- set up in the ordinance allows certain transi- ferent land uses and those areas ds designated in the tional uses in each of the districts at the dis- Newport Beach Zoning Ordinance. cretion of the Planning Commission. All places of public as- sembly such- as churches, schools,, -theatres, clubs, etc., must obtain a use permit from the Planning Commission which may impose conditions to guarantee that the proposed use will not be detrimental. Automobile storage and parking space is required in conjunction with all new residential development. Architeq.tural control is provided for in all C and M Districts. -46- APPR0XI10M'E- LXND REQUIREMENTS Area Per % Dev. Acres per 100 Pop. Area 20,000 Pop. (Acres) Single Family Residential 3.0 34.1 600 Duplex Residential 0.3 `3.4 60 Multiple Residential 0.2 2.3 40 Commercial 0.3 3 .4 60 Industrial 0.9 10.2 180 Public or Quaff Public 1.4 15.9 280 Streets 2_7 30.7 540 8.8 100.0 1760 A COMPARISON OF ACTUAL EXISTING LAND USE, APPROXIMATE REQUIREMENTS, FORMER ZONING PLAN- AND THE PRESENT ZONING PLAN ARE AS FOLLOWS: Type of Use Existing Approx.Re- Former Present Land Use quirements Zoning Zoning Acres Acres 20.000 Pop. Single Family ) Residential 375 600 383 355 )439 84 R-1-B) Duplex 14.5 6o 427 285 Restricted Multiple 68.6) 123 ) )68.6 40 87 - ) 165 Multiple - ) 42) Retail Commercial 46.0) 57) 85) )69.4 6o )131 ) 140 General Commercial )23 .4) 74) 55) Industrial 12.6 180 60 15 Public & Quasi Public 67.7 280 Public Beaches 187.2 175 175 Streets 51-8.1 540 Vacant 648.0 Water 849.0 Public Beaches are zoned R-1 for the most part. -47; 3 .4 Administration of the Zoning The administration of zoning in such a manner is often Ordinance. difficult and calls for a spirit of cooperation and mutual understanding- of the principles involved between the citizens, the Planning Commission and the While the zoning ordinance now City Council. iri operation in Newport Beach is not a static instru- ment, it should be subject to amendment, only if the conditions upon which the regulations have been based 3 .5 Subdivision Ordinance. have changed materially, or if changes in the economic and social characteristics of the community have re- quired changes in the Master Plan which should be re- The Subdivision Ordinance pre- flected in the Zoning Ordinance. There should be sented as a part of the Master Plan designates the compelling reasons for any zoning change. Mere lack Planning Commission as an Advisory Body to the City of objection- should not be a factor in any decision Council with regard to action on subdivisions. regarding a zoning change. Tentative maps of land subdivis- There are certain cardinal prin- ions are required to be submitted to the Planning ciples which-should govern members of Planning Com- Commission for review and approval. Street layout, missions in the performance "of their duties. Their lot orientation, size and shape of lots are checked performance is a very important one in that the con- to see if they fit into the overall plan for com- trol of property values and the stability of the munity development. community lies largely in their hands. They are in- trusted with an exercise of one aspect of the far Standards for lot sizes, and reaching police power of the State. They must al- street widths are set forth as well as general it- ways bear in mind that the issue before them is provement requirements. The ordinance requires that never primarily the profit or loss to a particular standard specifications £br improvements shall be individual, but the maintenance of such a system of adopted by the City Council, upon receipt of recom- zoning as will best serve the interests of a city as" mendations of the City Engineer and Planning Com- a whole. The Planning Commissions have great powers, mission. but those powers are circumscribed and confined with- in-the limits of the law governing zoning. They do not have unlimited discretion to decide the issues 3 .6 Recommendations. before them for unlimited discretion would be un- democratic. Planning Commission members should not be "swayed by favor or prejudice or otherwise. They 1. That the Zoning Plan be ad- must arrive at a decision in conformity to the zon- ministered in accordance with law as a guide for the ing law and based on a reasonable conclusion from best development of land within the City of Newport the facts before them. Beach. Regardless of how carefully 2. That the City urge the County prepared and sound a zoning ordinance and plan may of Orange to consider the pattern set forth in the Master be, its benefits, like those of the best Master Plan, Plan for the City and adjacent areas. will not be realized unless it is conscientiously, intelligently, energetically and fairly administered. -48- 3. That the City Council and The purpose of the latter is to train the individual the Planning Commission hold joint discussion meet- ✓ mind; to teach the child to think as well as to memo- ings at least once annually to review zoning and rize. The purpose of group recreational activities subdivision problems and policy. however, particularly those involving team work of some kind, is to educate the child in making social 4. That the zoning pattern be adjustments; in learning to give and take with his changed only when there is a compelling public associates. In this connection, habits and attitudes necessity and when it is in the best interests of learned in early years influence characteristics to the City as a whole. be displayed by the adult in later life. Viewed in this light, it is obvious that the presence or lack 5. That the zoning plan be re- / of satisfactory group relations with children of viewed by the Planning Commission each year and the similar age may have an enormous influence on the amendment procedure by Commission initiative followed character of current and future generations. to make any additions, changes or modifications deemed necessary to better accomplish the purpose of The tragically overcrowded the Plan. conditions of our penal and correctional institutions of various types in California, is striking evidence of our failure to take preventive steps to solve the SECTION 4. a Park, Recreation and Waterfront problem. The long-range answer is not to be found Plan. in the negative approach of building more and bigger jails, penitentiaries, and insane asylums. Eventual 4.1 General Considerations we must meet squarely the challenge of providing satisfactory home and community environment. Adequate park and recreation facilities are now regarded as an essential in To make necessary recreation oppor- American communities and a must for those cities that tunities available, public- funds must provide the open desire to progress with the nation. spaces, general facilities, and leadership for a diversified program for the whole community. These Parks have long been recognized public provisions must be supplemented by voluntary as important features of well-planned cities and towns. membership associations such as those financed by the More -recently has come recognition of the necessity Community Chest. Homes, churches, private clubs and for spaces, facilities and programs for active recrea- other forms of individual and group initiative play tion. This necessity grew apparent as cities became the most important roles in the leisure time of the more congested; new ways of living took away the open people. spaces where children formerly played. Cars and trucks have turned streets into virtual death traps. The responsibility of the school Commercial types of amusement fail to answer the de- systems and the municipality in providing parks and mand for wholesome recreation for children and youths. recreation is closely related. Close coordination by school authorities and city officials leads to a Due to rather general misunder- better distribution of facilities and supervision and standing- of the purpose of organized recreational mae efficient operation of the park system. The programs, there is some tendency on the part of the major principles which should be observed in selecting average citizen to regard them as agreeable luxuries. school sites also applies to playgrounds and parks. A strong case, however, can be made for the position Thus economies in first cost and operation can be ef- that recreation is as important a part of the educa- fected by combined action which will provide an educa- tional process as is the learning of lessons. tional recreational and social center for a neighborhood. -49- It has long been recognized that 4.2 Recreation Standards. well developed parks, playgrounds, parkways, and pub- lic building sites contribute more to the desirable• appearance of a city than any other factor. They not While the requirements for recrea- only serve to create a favorable impression on the tional facilities of an individual city will- vary traveler-but also instil a sense of civic pride in according to the characteristics of the City, certain the citizenry. This civic .pride results in better general standards are set forth below as a guide. maintained homes and gardens, a more contented and stable population, and an increase in owner-occupancy 4.21 Types. of homes. Most recreation areas provide A recreation and park system facilities for various age groups and although this is must be on such a scgle that it can be properly main- desirable it is customary to distinguish between areas tained and operated within a cityts financial ability. according to functions. The standard types of recrea- The acquisition of large areas of land which the city tion facilities are listed below: cannot afford to develop or which it cannot maintain and operate after development, are a discredit to the 1. Play areas. city involved and usually jeopardizes the entire re- creation program. At the same time, it is necessary a. Play lots for pre-school to plan ahead so that land may be acquired in areas and kindergarten children. of expected growth before development makes such ac- quisition a financial impossibility. b. Playgrounds for elementary school children. The demands for larger amounts of land for school, recreation and other public facili- c. Play£ields for youths and ties makes it necessary to use such lands in the most adults. efficient manner. Small" scattered parcels of land used for different purposes on a part time basis are 2. Parks. riot efficient in comparison to one parcel of larger size as a united facility for full time use. The a. Small triangles, squares, latter reduces the amount of untaxable land and gives , scenic or historical sites, the taxpayer the maximum return for money spent. etc. A balanced recreational program b. Neighborhood parks. to meet the cityts needs can be accomplished by follow- ing a long term plan developed on a sound basis and c. Large parks and picnic areas with flexibility to meet changing conditions in the within cities. City. d. Outlying parks and picnic Newport Beach is much different areas. than the average community, in that its waterfront provides- many recreation opportunities in boating, 3 . Parkways. yachting, fishing, swimming, beach sports etc. The harbor and beach areas have been major factors in the drawing of thousands of visitors to Newport Beach, as well as providing recreational opportunities for resid- ✓ ents of the area. -50- 4. Miscellaneous Active Recre- 1/8 - 1/4 mile ation Facilities. service radius (Note - because of a. Swimming pools, tennis supervision and maintenance in- courts, golf courses, volved, this type facility is gymnasiums, etc. usually provided in conjunction with playground, playfield or b. City camps, scout camps, park) . etc. Playgrounds - 1.0 acre per 800 c. Beach, swim or play population areas, boating. 2.0 acre minimum 1/2 mile service 5. Special Educational-Recre- radius ational. Play Fields - 1.0 acre per 800 a. Outdoor theatres, band population stands, etc. 10.0 acre minimum 1.0 mile service b. Community centers. radius c. Arboretums and botoni- Neighborhood cal gardens. Parks - 1.0 acre per 1000 population d. Aquariums, zoos, etc. 2.0 acre minimum 1.0 mile service e. Museums. radius Note: It is recognized that only the large cities, ✓ Other - Recreation counties or the State can provide certain of Center Building these facilities. - 1 per 20,000 popu- lation Swimming Pools 4.22 Space Requirements and - 1 per 20,000 popu- Service Areas. lation Football Fields Approximate measures for esti- - 1 per 20,000 popu- mating the desirable areas for various types of re- lation creation facilities and their service areas dre as Softball Fields follows: - 1 per 3,000 popu- lation Play, Areas: Hardball Fields - 1 per 6,000 popu- Playlots - 0.1 acre per lation 1,000 population Tennis Courts 2000 sq. ft. - 1 per 2,000 popu- minimum -51- lation Basketball Courts There are seven schools located - 1 per 3,000 within the community as follows: population 1. The Newport Beach Elementary School opened Schools - (developed in 1922 on Central Avenue between 13th and 14th play area) Street. The school was built in 1922 and was ex- Elementary - 100 sq. ft. pansionanded l nithe,sitere is no room for further ex- per student 3 .0 acre 2. The Corona del Mar Elementary School on minimum Carnation Avenue between 2nd and 4th. The school was built in 1945 and was expanded in 1948 and has Junior High- 200 sq. ft. no room for expansion on its present site. per student 5.0 acre 3 . The Horace Ensign Intermediate School built minimum in 1949 and expanded in 1950. This school is located in an excellent site which gives it some room for High School- 200 sq. ft. expansion. per student 10.0 acre 4. The Newport Harbor Union High School located minimum on a large site off Irvine Avenue, between 15th Street and 17th Street. This school was built in It is clear that the recreation 1930 and has been expanded several times since. It standards set out cannot be applied in entirety to has adequate area for a good deal more expansion. Newport" Beach. The waterfront and its recreational opportunities, the seasonal fluctuations of popula- 5. The Harper Elementary School located on tion and the large number of property owners who Tustin Avenue at 18th Street. This school was built live in the community only part time allow the use in 1950 on an adequate site and has room for expansion. of such standards only as a very limited guide. 6. The Costa Mesa School located on Newport Avenue at 19th Street, was built in 1933 and with land 4.� The Study. now being purchased has room for expansion. The various public and quasi- 7. The Lindburg School located on Orange Avenue public buildings and areas are shown by the map on at 23rd Street, was built 'in 1932 and has been page 22 of the Book of Maps. expanded several times since. Additional land is now being purchased to increase the size of the site and The rather limited number of there will be room for expansion, park areas is evident and it should be noted that none of such areas have been developed for recrea- Although the park and school tion purposes. These areas are not adaptable for recreation facilities in the densely developed areas general recreational use except for the area on in Newport, Balboa and Corona are limited, there are Balboa Boulevard between 36th and 38th Streets. large beach areas available to the public to offset such limited facilities. -52- At the present time various Over 4,000 boats, the majority recreation and adult education programs are carried pleasure craft, use Newport Bay as their home port, out in the school system. Full recreation use of and a large portion of the Bay waterfront has been existing school sites should be a primary step in developed with homes with a pier or mooring for the recreation program for the Newport Beach area. boats oup from each home. In a report to the Harbor Com- These facilities are used ex- mission- in 1949, Mr. R. L. Patterson, Consulting tensively and Mr. Patterson has indicated that the Engineer for the District indicated the following Harbor is almost to its capacity both as to the use of water frontage along the Bay: miring of boats and use of the water frontage. That the Harbor serves visitors Lineal Feet Percent and seasonal residents is evident with over 70% of the boats in the Harbor owned by persons whose legal (a) Public Use 21,000 21.7 residence is outside of Orange County. (b) Community Beaches 4,730 4.9 The ocean beach areas are not (c) Sea Scouts and used to a maximum, however, it would be impossible with the present roadway and parking facilities to American Legion 600 0.6 make much additional use of such areas. (d) Yacht Club8 2,600 2.7 Balboa Pier and Newport Piers (e) Municipal Trailer are widely used for fishing. Park 920 0.9 There are four yacht clubs, a commercial amusement center, a teen-age center, (f) Residential 460$00 4$.3 areas for the Boy Scouts, Sea Scouts, and Girl Scouts. Theatres, a dance pavilion, tennis courts (g) Boat Mooring Pleasure 10,$00 11.1 and other miscellaneous facilities complete the (h) Commercial 7�950 $,2 - recreation picture. Expenditures for recreation (i) Commercial Fishing 1.600 1.6 purpose by the City, as shown on-the'.following' page by the tabulation- from the Annudl'.Report of the- Total 97,000 100.0 State Comptroller, are in keeping with expenditures Public use shown on the table for cities of like size. does not include private frontage in the Balboa area that has been used by public for a long period of time. -53- RECREATION EXPENDITURES Study of the problem has shown 1950-51 Fiscal Year that there is a definite need for a balanced recrea- (Annual Report - State Controller) tion system, with parks and playgrounds as well as waterfront facilities, serving the City as a whole. The study also indicates the real need for obtaining Population Per Capita sites for parks and playgrounds prior to or concurrent Expenditure (1950 Census) Expenditure with the subdivision or improvement of lapd presently undeveloped. 73 Corona 499903 10,219 4.88 An important part of the program 62 Colton 62,425 149420 4.32 for park and recreation improvements involves a general beautification of the City through the proper 64 Pittsburg 37,464 129662 2.96 use of street trees. A study and report on street trees within the City of Newport Beach is set forth 82 Redding 68,949 109137 6.80 at the end of the park and recreation plan on page 62. 90 Hayward 60,707 14,273 4.25 77 Oxnard 359038 219519 1.65 70 Watsonville 20,419 11,516 1.77 83 Petaluma 67,739 109390 6.52 45 Redwood City 852669 25,342 3 .38 120 Newport Beach 55,102 129220 4.51 A limited supervised recreation program is put on by the City and the School Dis- tricts. A council appointed Parks and Recreation_ Committee has done a good deal of work on planning for new parks and recreation facilities. The City Planning Commission has also given a good deal of consideration to the problem. The major obstruction to a real recreation program has been the multitude of conflict- ing interests. The physical separation by waterways of the several sections of the City of Newport Beach have resulted in each area desiring a complete recre- ational system. This, obviously, cannot be provided within the ability of the community to finance. -54- 4.4 The Plan. The Plan proposes combination playgrounds-playfields on the beach adjacent to the Newport Beach Elementary School and on the Irvine 4.41 Proposals. Property North of Bayside Drive and West of Marine Avenue. The Master Plan shown on the following page sets forth a comprehensive system A series of special recreation of recreation, park and waterfront facilities to facilities are proposed in the area along Bayside serve the Newport Beach area. Drive through Corona del Mar. This area is now used as a drainage channel and is an eyesore to the The Plan shows existing community. With drainage conduit and fill, it would facilities including schools and the service areas provide a long although rather narrow strip of land of the playgrounds and playfields. for public use. Generally elementary schools The Plan proposes tennis, bowl- are considered as supplying play areas and equip- ing and general play use be made of this strip. Its ment at least equivilant to a playground, and high width will limit it from serving as a full playfield schools of meeting the requirements for playfields. or playground facility. The general location of three The most important feature of new elementary school Sites are shown on the plan. the future Newport Beach Area is the development of The facility North of Corona del Mar should meet the Upper Bay. This development will provide a playground-playfield requirements as should the tremendous additional water area, and allow for good proposed school in the central portion of the Upper residential development of the surrounding land. It Bay area. The school near the Palisades area need will provide areas for additional boat mooring facil- only meet playground requirements. ities, and water frontage for recreational as well Study of the Plan shows the as residential purposes. multitude of existing recreation facilities. The Master Plan proposes the Actually Newport Beach has more to offer from a cutting of a new channel to serve as access to the recreational standpoint than many cities of similar Upper Bay. This proposal is shown on page 10 of the size. Book of Maps. In order to provide balance to A high level bridge to serve the the system the Plan proposes the development of Coast Highway and allow for access for large craft in playgrounds in West Newport in the Lake Tract, (see the Upper Bay area. The existing channel near 17th sketch- on page 57) on the beach in Balboa at "F" Street, adjacent to the high bluff, will not be Street, (see sketch on page 23 of the took of Maps. ) disturbed. The new channel is considered essential for providing access to the Upper Bay as well as allow- Playgrounds are also set forth ing for proper operation of sailing craft. on the Plan in connection with the Horace Ensign Elementary School and the Corona del Mar Elementary Several islands are set forth to School. be used for residential purposes. -55- CITY OF on.NGE °°LINTY N E W P ORT BEACH °IappaT _ \ a ADJACENT AREA CALIFORNIA 144 S'N)< AIIIII aoo , T U00 \ 4N4 SCPLE IN iEFi COL•Nr" 'D \t q OB C HAHN,CAMPBELL 0 ASSOCIATES PLANNING CONSULTANTS r� i OEMtEp ° , PARK, RECREATION PMO N°e AND WATERFRONT US PLAN LEGEND `e�E ° % / ,e \ \\\�J�� \ SCHOOLS \����� \;���` •• o V PROPOSED SCHOOLS PUBLIC GOLF COURSE PUBLIC BOAT LAUNCHING RAMP Oa • L ,.°gue \\\� \\\ � \ YACHT CLUB PROTECTED SWIMMING AREAS \\w* 7.'�•,' .' PICNIC & BEACH AREAS �\\\J\\\ a, SPECIAL RECREATION AREAS \/ �� GROINS ,4�\\4 00 PLAYGROUND-PLAYFIELD / \ ! (SERVING AREAS WITHIN ONE MILE 1 \ % • PLAYGROUND (SERVING AREAS WITHIN 1/2 MILE PROPOSED UPPER BAY DEVELOPMENT O o ��- \\I H4kPER I \\ \\ A 1 \\�•NI S M \+Yn\\\ CH„l \ ♦�\ � D O O o H9RBORT •.:�� �\\ \ \\V �` OO Ino /�Q\LLL1 off �uqlto E \\ 'o°°°°oa�q Li L-JLJ moo; ZVI) - _ - - 00 IN 0 AMAR —� c00000000s000_ �� pQ � _ -_ /;� OLD ,,�__ ,- __ _`_= --_---'• . N P ;e rC' N ` C E A N lvo Aro cTgllmMly - 4ee,q PROPOSED PLAYGROUND NEIYPORT )SLAA40, Nfrvpnl.?r 1-?eAc# LAKE TRACT PARK i � I s swlxe a _P2tlC� ;� rLIDT9 TrtT3- AA 5 Yy. .1 I -PAYEE PLAY �� wlNO • /I Axth �Lxo W MSG. Cobon° I nesx ',001ir7 Z -/ rynr♦xe�% ACTIVC 'PJAI A2zx SAND I66ACH G'cu/verP �� S �ATHING COL In fill I ' --- -----�--- ~_—� `, I SCALE IN FEET q: LADE Ave. �I f SeAVICW Ave. INK - - Q m ° Q h BEACH ELEVATION Q BAY VIEW OR/VE Q 4 Q i BoULE✓ARO FUTURE A00)r/ON S/OF ELEVATION ,SECT/oN A-A 1 ��1tiI�,' 1 .TOE Lf B[trFF �^ � "••• "T PaPa'AI lq"Ao �� L.FF L F Co NCRITr L a P"m' 9T'. / ' d)wn•r brwcn Jr .ra A Pueuc BEACH / _ ,r ti _-__ + p� Nxu �y Fi OFaF,JNL<„N O FIKM —_ > ASNFT M vpTAW onI MI TF NI JI 7 I-7I 7I 7I-7I rI RmI I 7I-Ir vlrX^/ ,T cC\f1� Carwvn w.w Ae.rnau M.w, 1 �) / r000 CONCr3 i/oN SwLr RFN L CONcrss.oN Rwroriwp SrcF \ .BCACM �is�s aNtY M R T RM W.�T Rm.r6oxcr�Mr Y� / PACIFIC OCEAN r�^•r«•s•• 9Ps•^ � (� �� Frvx Aoam°N eoM..... /YALN � \U HARBOR ENTRANCE \ / A eFA�N EAST✓Errr .,\ / SUGfSTLFD DE(/ELOPMENT PLAN A�£w FLOOR PLAN /A^'+sle "w' 1014 a Womevs Oxsvns.ems. /0✓ 0 Bnssv R /064/ Bnrrer.fM. /97 d R 11.e r 7500 kkn.Pmr R7 A '\ SIAIr �/N FEET Ger+u+< OmcF 380I Sucr f +r�+cF::iov ro)s d Fcac C cF+ 94z Tmnc was AFaN 1..I A Ton<H'rvs AaE1 7560 d \ SUGESTED BATH HOUSE `r`""w"A" "e°° f rout AoonmN 45000 SuLe 0 5I0® CORONA DEL M,4R ,STATE DAPK Bf—ACI l CORONA DL-L MCI R STA TL- PAPK 6Z-AC11 PREPARED BY PREPARED BY HAHN, CAMPd£LL 6 ASSOCIATES PLANNING CONSULTANTS HAfIN, CAMPBELL S ASSOCIATES PlANN/N67 CONSULTANTS BURVAIdAME, CALIFORNIA BURLINGAME, CALIFORNIA 5'rp£"B£R '949 SFPTEMeER 1949 n.plLa4 vrxw��rtma _- --lO�ia1.�lW�i��Y11x�fO The development plan also Protected swimming areas are proposes a number of beach areas and protected proposed along the Bay side between 15th and 19th swimming areas to be open for the public. Boat Streets and between 9th and loth Streets. Protected loading ramps are proposed as shown on the Master swimming areas are also indicated on the North side Plan. of Via Lido and along the Beaches of Balboa Island. In the lake tract at the junction of the Rivo Alto A playground and playfield and Realto it is proposed to set out a protected is proposed in connection with the Upper Bay swimming and diving area. (A sketch of this facil- development. The plan also indicates a proposed ity is shown on page 57 of this^reporf.7 , "recreation center at the Fair Grounds as meeting playground-playfield requirements. The Orange A swimming pool and bathhouse Coast College is considered as Supplying play- is proposed on the beach adjacent to the Newport ground-playfield area. Pier, a second one is shown adjacent to the Balboa Pier. The waterfront development plan for the Upper Bay area must by its nature Boat loading ramps are shown be tentative until sufficient engineering studies adjacent to the Arches off the Coast Highway and can be made to enable the drafting of a detailed on the opposite side of the channel at Central" plan. Avenue. These in addition to the existing boat ramp off Bayside Drive in Corona del Mar. It is believed that an all out effort by the various interests involved The Plan proposes the develop- should be made to provide for the early develop- ment of a public golf course North of the Coast High= ment of the Upper Bay area. way between McArthur Boulevard and Marine Avenue, and also suggests the possible usage of the planted area The Master Plan sets out a between Cliff Drive and Ocean Avenue for a natural series of" Beach and Picnic areas along the ocean- amphitheatre. side and proposes a complete development of a concession picnic and beach area East of the Harbor A number of small play- areas Entrance at the State Park (see page:57-o£'thi's are also set forth on the plan. report., ) In order to retain a beach area and to prevent serious erosion it is suggested that consideration be given to the construction of a series of groins North-West of the Newport Pier along the oceanfront. -58- 4.42 Timing of Improvement Plan A preliminary schedule to serve as a guide in the timing for the construction of various improvements proposed under the Master Plan is set forth hereunder: Time Phase 1 - 1952-1955 Time Phase 2 - 1956-1960 Time Phase 3 - 1961-1965 Time Phase 4 - 1966-1970 Project: Sponsor Site Acquisition Construction 1. Playground on beach off nGn Street. City City Owned 1 2. Playground on Lake Tract. City City Owned 1 3 . Playground and Playfield at Newport Beach Elementary. City City Owned 1 4. Playground and Playfield on Irvine Property North of Bayside and West of Marine Avenue. City 1 1 5. Playground and Playfield at the proposed school site North of Corona del Mar. City 1 2 6. Playground facility at the school in the Prior to Concurrent with Palisades area. District Development of area Development 7. Playground and Playfield at the school Prior to Concurrent with centrally located in the Upper Bay area. District Development of area Development 8. Playground and Playfield at the North end Prior to Concurrent with of the Upper Bay development. County Development of area Development 9. Playground and Playfield at Fair Grounds. State and District District Owned 1 and 2 10. Bayside Drive Strip. City City Owned 2 and 3 -59- Project: Sponsor Site Acquisition Construction 11. Upper Bay Development. Harbor District City County Stage Development Federal Govt. 1 to 4 12. Public areas in the Upper Bay. City Prior to Concurrent County Development in with Development areas Development 13 . Ocean Side Beach and Picnic areas. City City Owned With Development of Beach Parkway 14. Picnic - Beach - Concession Area - Corona del Mar. City State 1 15. Groin construction. City Federal Govt. None Required 1 16. Protect swimming areas City City Owned 1 and 2 17. Swimming and Diving on the Rivo Alto. City City Owned 1 18. Swimming Pool and Bathhouse - Newport and Balboa Piers. City City Owned 2 - 19. Boat loading ramp near the Arches. City County County Owned 2 20. Boat loading ramp at the end of Central Avenue on the Channel. City City Owned 1 21. Golf Course. City 1 2 and 3 22. Amphitheatre between Cliff Drive and Ocean Avenue. City City Owned 2 23. Small play areas. City or District 1 When Warranted -6o- 4.43 Recommendations. i. That a citizens committee be formed to work toward the development of the Upper Bay, such committee to be composed of representa- tives That the Park Recreation and . 9 tives from each of the following. Waterfront Plan be reviewed at a joint meeting of City Planning Commission, City Recreation Commission, The City Planning Commission, County Planning Commission, School Board and Harbor the City Recreation Commission, the City Council, Commission. the Harbor Board, the County Planning Commission, the Board of Supervisors, the Irvine Company and . b. That the Plan with modifications the Chamber of Commerce. deemed necessary, as the result of such joint review, be adopted by the various governmental units as a j. That a joint review of the long-term general guide. Park, Recreation and Waterfront Plan be made annually to consider any modifications deemed c. That a detailed improvement pro- desireable. gram for facilities within the City be set out by the Engineering Department. d. That the above mentioned program be submitted for joint review by the Planning and Recreation Commission and transmitted with their recommendations to City Manager and City Council. e. That the.City work cooperatively with the' School Board in providing for proper facili- ties oh school sites. f. That the School District submit plans for development--of--playground and playfield areas to the Planning Commission and Recreation Commission for study and correlation with the C i t y's program and that recommendations of the Commission on such be trans- mitted to the School Board. g. That there be complete coordina- tion of recreation leadership between City and School District. h. That a definite portion of funds be set aside for recreation capitol improvements in the City. -61- " C1'TnV 5.0 Tree Planting, with the responsibility of selecting suitable street trees may well examine trees growing in the locality under approximately the same soil, climate, moisture, 5.1 General Considerations. and cultural conditions as found at the proposed sites. Species which are doing well and which ex- The beautiful cities of tomorrow, hibit the size, form and crown density desired can will be those cities that scientifically plan, plant be chosen with confidence. More species of trees and maintain their street trees today. There is little can be grown in Southern California than in most question that a proper street tree planning and plant- other sections of the United States. Newport Beach ing program would be of inestimable value to Newport is very fortunate in that there are a great many Beach. Well planned street trees along with their reputable Nurseries located near by. Availability aesthetic value, actually increase the dollar value of of suitable street trees in Southern California is the properties they beautify, offer cool shade on the not a major problem. warmer days, aid in absorption of carbon monoxide (from automobiles) , aid in the control of moisture, act as dust screens and deaden traffic and other noises. 5.2 Existing Trees. Planned street trees don't cost, they pay% All planning authorities agree that street trees are here to stay. Existing street trees are in- Conditions vary so widely in Calif- dicated on the map on- page 27 Book of Maps. - ornia that tree species must be selected with care. Corona del Mar and some of the Some trees are moderately drought resistant; some will newer subdivisions are the only areas in Newport stand heat if given adequate irrigation; some can sur- Harbor where trees were planted according to a plan. vive in frosty locations; some will grow in spite of This program initiated by the original developers persistant winds; some trees cannot thrive under these now lacks proper control and supervision. and other conditions. Some trees have little' tro_uble from insects or fungus, others require expensive spray- Improper pruning, lack of pest ing. Maintenance costs must be taken into account when control and general lack of care will gradually selecting suitable street trees. The initial cost of break down the effect of some of the originally well- most street trees is not excessive. Certain species of planned street tree programs where the trees are now rapid growing large trees should not be planted in existent. narrow width parking strips or where space is limited. A11 trees planted along city streets 5.3 The Plan. and highways require early and consistent pruning to LK shape the crown and keep them within reasonable size The following steps are im- limits and with sufficient clearance for vehicular portant to bring about any worthwhile results in a traffic on street and pedestrians on sidewalks. Many planting program. mountain trees do not thrive when planted at low eleva- tions, also many coastal trees do not thrive well in 1. Survey of existing trees. the interior. There isn't a city in the United States that can long afford to plant street trees that are not 2. Adopt a list of desirable, adaptable suited to their particular conditions. Those charged and available street trees for Newport Beach's clim- -62- ate and geographic conditions. 3. Adopt a map or plan indicating the 5.32 Adoption of a list of desirable particular tree to be planted on each individual street trees. street or block, to gain uniformity. This map or plan must be reviewed periodically and changes made if needed. Before establishing the recom- mended list of street trees, the knowledge and ex- . Adopt a comprehensive street tree erience of a diverse group of authorities was 4 P mP P g P ordinance controlling selection, planting, care, gathered. Information was obtained from the U. S. inspection and -maintenance of new trees, and the Department of Agriculture, College of Agriculture conditions under which old, diseased or improper U. C. , National Shade Tree Conference - Western trees may be removed. (It is important that Chapter and other competent authorities on entomology financial responsibility for sidewalk repair due and dendrology. Park Superintendents of various to tree damage be clearly stated. ) cities have b8en extremely helpful. 5. Adopt an official policy, etc. In establishing the list of desirable trees two main classifications were first 6. "Provide a long range (10-20 years) designated: evergreen and deciduous trees. Each program to plant and care for trees and for its group was broken down into three principal divisions financing. based upon the ultimate size of each tree; small, medium or large. Small - 10 to 20 feet in height, medium - 20 to 40 and large - 40 to 60 feet. 5.31 The Survey. Before any particular tree was The survey of existing street classified as desirable, whether evergreen or decid- trees has been accomplished (see map do page 27 'Book uous, the following measuring sticks were applied: of Maps) . The map of existing street trees shows which trees predominate on various streets. Some Desirable street tree characteristics. of these trees even though predominant, are not the best tree for the area and should be interplanted A. Adaptability to climatic conditions. for the time being with a tree more appropriate to Is the tree hardy in the Newport Harbor climatic and soil conditions, _width of street, width area? of sidewalk, width of planting space., setback of houses, type of zoning and location of utilities. B. Adaptability to soil conditions (variable The same planning consideration must be given these throughout the city. ) interplanted trees as is given to the trees set out Will the tree thrive here? in the newer subdivisions and original plantings. These newly planted trees should be referred to as C. Adaptability to width of space for the "official trees." The existing trees should be particular tree. referred to as "interim trees" or "unofficial Does the tree require more space than is trees" as the case may be. See page 67 for defini- available? . tions of official, interim and unofficial trees. D. Rate of growth of tree. Does the tree grow slow, average, or fast_? -63- E. Ultimate size of tree. 5.33 Recommended street trees for Is the tree small, medium or large? Newport Harbor. F. Resistance of a particular tree to local insects and tree pests. E - Evergreen ML - Moisture Lover T - Tender Is the tree relatively pest free? D - Deciduous DR - Drought Resistant HH - Half Hardy S - Small U - Upright H - Hardy G. Type of wood of the tree. M - Medium P - Pyramidial FC - Fall Color Is the tree brittle? L - Large RH - Round Headed 5450-Width of a of tree. parkway required H. Shape and height of Is the tree pyramidial, upright, tree at maturity round headed? (in feet) . I. Type of root system of the tree. Will there be a minimum of sidewalk 1. Black Acacia Acacia Melanoxylon damage? E - M - DR - 545Q H - RH J. Type of-foilage (deciduous trees) 2. Bronze Acacia - Acacia Pruinosa and whether leaves fall all at one E - M - DR 5450 H - RH time or over a period of time. Does the tree have large leaves or 3 . Golden Wattle - Acacia Prycantha small leaves and is the tree messy? E - S - DR 4$40 HH - RH K. Resistance of trees to wind. 4. Silk Tree - Albizzia Julibrissin Will the tree stand the wind? D - L DR 5450 H - RH L. The amount of-water required by a 5. She Oak - Casuarina Stricta particular tree. E - M - DR 5f50 H - U Is the tree a moisture lover or is it drought-resistant? 6. Showy Bottlebrush - Callistemon Viminalis M. Ultimate life of the tree. E - S - DR 4435 - H - RH Is the tree long lived? 7. Cape Chestnut - Calodendron Capensis D - M - DR 4*4OHH - RH N. Cleanliness of the tree. Is the tree a clean tree? 8. Carob - Ceratonia Siliqua E - M - DR 500 H - RH 0. Availability. Can the tree be readily obtained in 9. White Lily Tree - Crinodendron Dependens Southern California? E - S - ML 4135 RH - RH P. Initial cost. 10. Green Dracena - Cordyline Australis Is the tree reasonably priced? E - M - DR 5150 H - RH -64- 11. Guadalupe Palm - Erythea Edulis 25. Cajeput Tree - Melaleuca Leudodendron E - M - DR 51150H - RH E - L - ML 5;50 HH - RH 12. Yate Gum - Eucalyptus Cornuta 26. Seaside Bottle Brush - Melaleuca Stphelioides E - M - DR 5;50H - U E - M - ML 4;45HH - RH 13. Scarlet Gum - Eucalyptus Ficifolia 27. New Zealand Christmas - Metrosideros Tomentosa E - S - DR 4440 HH - RR E - S - ML (Tree 4;40 HH - U 14. Red- Iron Bark - Eucalyptus Sideroxylon 28. Myoporum - Myoporum Laetum E - M - DR 5450 H - U (Rosea E - S - ML s 4*40 HH - U 15• Australian - Bush - Cherry - Eugenia Paniculata 29. Canary Island Pine - Pinus Canariensis -E - M - ML 4;45 HH - U (Australis E - L - DR 5;50 H - U 16. Pyramidal Gingko - Gingko Biloba (male) 30. Italian Stone Pine - Pinus Pine D - L - ML 6150 H - P - FC E - M - DR 5150 HH - RH 17. Sea: Urchin - Hakea Laurina 31. Cluster Pine - Pinus Pinaster E - S - DR 41t4OHH - RH E - M - DR 5450 18. Jacaranda - Jacaranda Minosifolia 32. Orange Pittosporum - Pittosporum Undulatum D - M - ML 4;45 HH - RH E - M - DR 4.45HH - RH t 19. Glossy Privet - Ligustrum Luccidum 33 . Karo - Pittosporum Crassifolium E - S - DR 4140H - RH E - S - DR 4140H - RH 20. Sweet Gum - Liquidambar Strociflua 34. Buddhist Pine - Podocarpus Macrophylla D - L - ML 5150H - U - FC E - S - ML 4;45 H - U 21. Chinese Sweet Gum - Liquidambar Formosana 35. Carolina Cherry - Prunus Caroliniana D - M - ML 4445 H - RH - FC E - M - ML 4f45 H - U 22. Tulip Tree - Liriodendron Tulipifera 36. Holly -Leak Oak D - L - ML 6;60 H - P E ML M - Quercus Ilex (too much 5450 H - RH (water-not 23. Bull Bay - Magnolia Grandiflora good) E - L - ML 6J60 H - RH 37• Southern ML Oak - Quercus Virginiana _ 5460 H - RH 24. Narrow Leaf Bay - Magnolia Grandiflora 38. Soa bark Tree - p Quillata Saponaria E - M - ML 5J50 H - RH (Lancelata E - S - ML 4;45 - H - RH -65- 39. Chinese Elm - Ulmus Parvifolia resistance, drought tolerance and for other desir- E - L - ML 5;50 H - RH able factors including, especially, emphasis on safety to the owner and to the property of others. 40. Siberian Elm - Ulmus Pumila E - L - DR 5150H - RH 5.42 Street Trees - Business Districts. 5.34 Special Purpose Trees. Many cities in all parts of No list of recommended 'trees the United States are recognizing the importance of would be complete without a list of special purpose beautifying the business districts with trees. Trees trees which should be used with considerable judg- can be either planted in large tubs or boxes or ment. . The following trees are not suggested for planted in suitable rectangular holes in the side- extensive planting, but rather for planting in small walk areas. This latter method is preferred by most groups. The proper use of these trees will add cities. The hole size should be at least 22 feet by variety'to the program and add considerable beauty 5 feet, six inches from and parallel to the curb. and color to the overall tree pattern of the city. Drain tile must be provided for irrigation and aira- tion. Trees so planted require water once a week. Ceanothus Arboreus Catalina Ceanothus Trees planted in tubs or boxes require watering three Eriobotrya Japonica Loquat times per week during the summer months. Smaller Erythrina Crista-Galli Cockspur Coral Tree trees should be used in both cases, such as Crinoden- Ficus Retusa Glossy Leaf Fig dron Dependens. Fremontia Mexicana Premontia Hibiscus Waimeae Hawaiian Hisbiscus 8ovenia Dulcis Japanese Raisin Tree 5.43 Trees in Beach Areas. Juniperus Torulosa Twisted Juniper Nerium Oleander Oleander Punica Granatum Pomegranate A few trees will grow in the beach area. Some trial and error methods may be necessary. Proper staking and certain other precautions must be 5.4 Summary of Tree Study. observed. Hakea Laurina is an excellent small tree for seaside use. 5.41 Street Trees - .Residential Areas. 5.44 Grasses - Beach Areas. Homeowners, landscape architects, nurserymen, City Councilmen, City Planners, and Park Most grasses will not thrive in Commissioners are faced with the task of solving some beach areas. There are several new hybred grasses that of the common and more difficult street tree problems. may be superior to what is presently available. They This study has previously stated that shade trees for are hybred Bermuda grasses known as "Tipton 27 and U 3 ." street planting must be carefully selected for proper They should be tried in small areas at first. They have size, strength, availability, foilage, flowers, frost remained green all winter in various trial plantings -66- throughout the United States. They do not have many of the disadvantages of the ordinary Bermuda Grass. 5.5 Suggested Official Policy. Generally speaking, trees in this classification although desirable from many standpoints grow too large for the narrow planting The following is suggested as an space between the sidewalks and curbs, and/or official policy governing the designation, planting, growth too large for the street width. Because of maintenance and removal of trees along the public this factor trees in this classification are not streets, avenues, highways and other thoroughfares. considered official trees, but because they do add character and beauty to a street, and because they temporarily produce a harmonous, pleasing effect, 5.51 Planting Official Trees. it is felt that they should be maintained until such time as an official planting of the entire block or section can be made. However, street plantings "Official trees" are defined as which are defined as "interim" plantings will be long-lived, slow-growing trees planted under the replaced by official plantings of suitable small provision of Ordinance which trees have been deciduous or broadleaf evergreen trees in accordance planted along the streets of Newport Beach in accord- with a long range tree planting program. Replace- ance with an established plan of street tree planting. ment of interim trees by the city will be done only All "official trees" are established by resolution of after a survey has been made and the report of the the Planning Commission. findings has been submitted to the property owners in the affected area. After the property owners have had an opportunity to express their opinion on 5.52 Interim Trees. the survey, the Planning Commission will recommend whether the interim trees shall be replaced with official trees. "Interim trees" are defined as large, long-lived trees which were planted in blocks or groups along the city's streets prior to the enact- 5.53 Unofficial Trees. ment of the street tree ordinance, or trees planted as a part of the "official tree" program subsequent to the enactment of the street tree ordinance and "Unofficial trees" are generally which have been subject to attach by insect pests and found along streets as scattered specimens and are diseases, rendering them unsatisfactory as street defined as being trees which are normally brittle, trees, or to be otherwise found unsuitable for their short-lived, rapid growing, fibrous rooted trees respective locations. Furthermore, trees falling in which were planted prior to the enactment of a tree this category must at the time of approval by the planting ordinance, or trees planted in violation Planning Commission represent a planting of a single thereof. Because of their habit of growth and fib- specie of tree which comprises at least 60% of all rous root system, they break sidewalks and curbs, the properly spaced tree planting locations along get into sewer lines and are the cause of considerable both sides of the street throughout any given block nuisance throughout the city. Replacement of these or a continuous number of blocks along any given trees with official trees will have a high priority street. The Planning Commission may, therefore by in the long-term tree planting. resolution, class such trees as "interim trees." -67- 5.6 Maintenance. Maintenance of unofficial trees will be held to that necessary to keep the tree safe, 5.61 Official Tree Maintenance. or to provide proper visability at intersections or to keep the trees raised to a height that will NOT The city will, on official trees, interfere with vehicular traffic. provide complete maintenance. This will include Permit may be given to property staking, fertilization, watering, pruning, spraying, owners for- removal or pruning of unofficial trees at sidewalk repair, and replacement of official trees the property ownerts expense. which may die or be destroyed. Work on official trees will be done in routine manner. Official trees will not be 5.7 Recommendations. approved or planted in a planting strip which is less than 2 feet in width between the sidewalk and curb. 1. THAT a comprehensive street tree ordin- ance be adopted. (A suggested ordinance The planting of shrubbery be- is set forth in Appendix IE) tween the sidewalk and curb will not be permitted under the official street tree program. Ground cover 2. THAT an official list of trees be adopted. planting in the planting strip will be encouraged. . THAT a map indicating the master tree 5.62 Interim Tree Maintenance. planting plan be adopted. 4. THAT an official policy be adopted on "official", "interim", and °unofficial" Maintenance of interim trees trees. (Some considerations are outlined Will be similar to that given official trees,_" except in Paragraph 5.5) that permits may be given to individual property owners to trim or remove these trees. Interim trees 5. THAT a long range program of tree planting that die or are destroyed will be 'replaced only with and maintenance be adopted. official trees. Furthermore, official trees will have priority in the maintenance program. 5.63 Unofficial Tree Maintenance. It is planned to remove all un- official trees from the planting areas, at no expense to the property owner, except the repair to sidewalks adjacent to such trees which will be done at the pro- perty ownerts expense. A priority list will be established for removal of unofficial trees, based primarily on species of trees. -68- SECTION 6.0 Public Buildings The school serving as a com- munity center as well as an educational and recre- 6.1 General Considerations ational center makes for neighborhood solidarity within a tract or development for after school The conduct of government and and evening activities. the furnishing of public service in a city requires public buildings of various types such as schools, Public building groups have ' libraries, hospitals, fire houses, city hall etc. been prominent features of all planned communities, ancient and modern. High standards of design and While in larger cities separate even architectural merit are expected of public buildings are usually required for the various buildings. Buildings so designed require open functions of city government, small cities can spaces about them for appropriate setting without usually more efficiently provide governmental services which much of the effort and money spent on design using only one or two key buildings. In any case, and appearance is likely to be wasted. Assuming public buildings represent a large public invest- comparable setting for, and open spaces about, each ment and the value of this investment is dependent building for enhanced appearance, for protection on the quality and efficiency of the service the against fire and against undesirable adjoining buildings will furnish throughout the useful life building developments, smaller aggregate acreage of the structure. will' be needed for the same buildings if they are combined into .a group, than if they are located on Schools, hospitals and other separated sites. Consequently, other things being public buildings not directly connected with city equal, economy of site acquisition should result government are none the less important to the wel- from grouping public buildings into a civic center. fare and convenience of the general public. The public buildings of the Schools are essential features community reflect in no small measure the civic of the community, but they often receive less atten- interest and cultural attainments of its citizens. tion with regard to proper location and their effect The locating of such buildings in accordance with a on adjacent residential development than most other carefully thought-out, harmonious plan, in a civic features that make up the community. A strong center, is a manifestation of solidarity of community tendency exists among some school boards to wait for feeling and civic consciousness. a need to be created, and then attempt to salvage a site from the remaining land. Such results are un- satisfactory to the developer and to the community. 6.2 Existing Facilities The need for schools is a pub- In order to evaluate the lic responsibility, but the alert developer will necessity of various public buildings, consideration look to the school needs of the future occupants of must be given to existing public facilities and the his development, for without such forethought, sales need for enlargement, replacement or addional struc- will be handicapped. The presence of elementary tures. schools is a drawing card for interest. -69- The existing public facilities Newport Beach at the present in Newport Beach are set out on the map on page 17 time has no Civic Auditorium. Because of its of the Book of Maps. character as a tourist community the need for such building is clear, for both the tourist and for Study of the public buildings local use for public functions. problem indicates that the City has accomplished a good deal in providing proper facilities for essen- There are seven schools located tial governmental services. within the area, four (4) elementary, two (2) in- The new and modern City Hall termediate and one (1) high school. on Newport Boulevard at 32nd Street is well located The Newport Beach Elementary School opened and has space for expansion. The need for a fire in 1922 on Central Avenue between 13th and 14th station in Corona del Mar has been met by construc- Street. The school was built in 1922 and was ex- tion of an excellent facility on Marigold Avenue, panded in 1946, there is no room for further ex- just north of the Coast Highway. The main fire pansion on the site. station is poorly located and of inadequate size. With its only access on to the heavily travelled The Corona del Mar Elementary School is on Central Avenue, proper response is severely hindered. Carnation Avenue between 2nd and 4th. The school was built in 1945 and was expanded in 1948 and has The fire station on Bay Avenue no room for expansion on its present site. at Balboa is also restricted in effectiveness by its access on to the narrow and often congested Bay The Horace Ensign Intermediate School was Street. On Balboa Island, a somewhat similar situa- built in 1949 and expanded in 1950. This school is tion exists with the fire station having its front located in an excellent site which gives it some room on Marine Avenue. for expansion. A corporation yard was con- The Newport Harbor Union High School is located structed at the site of the City dump on Newport on a large site off Irvine Avenue, between 15th and Avenue at 15th Street. This excellent new facility 17th Street. This school was built in 1930 and has provides for the much needed quarters for public been expanded several times since. It has adequate works equipment. area for a good deal more expansion. There are six post offices in The Harper Elementary School is located on the Newport Beach area. One is located in Costa Tustin Avenue at 18th Street. This school was built Mesa, one is across from the City Hall, one is on in 1950 on an adequate site and has room for expansion. Main Street in Balboa, one is on Park Avenue on Balboa Island, one is in Corona del Mar on the The Costa Mesa School located on Newport Coast Highway, and another on the Coast Highway at Avenue at 19th Street, was built in 1933 and with land Tustin Avenue. This supplies excellent coverage for now being purchased has room for expansion. postal service in the area. The Lindburg School located on Orange Avenue at 23rd Street, was built in 1932 and has been ex- panded several times since. Additional land is now -70- being purchased to increase the size of the site and there will be room for expansion. Increase in enrollment in the public school system has been at a greater rate than the population increase in the area. Tabulation hereunder sets forth enrollment in the various grade levels for the past ten (10) years and covers the four (4) elementary schools, two (2) intermediate schools and a high school: GRADE YEAR K 1 2 3 4 5 6 7 8 9 10 11 12 ENROLLMENT OCTOBER EACH YEAR 40-1 156 167 154 137 169 158 143 150 146 156 153 149 106 41-2 166 147 138 156 169 151 153 153 150 146 156 143 128 42-3 185 203 225 208 193 195 185 201 147 160 143 153 121 43-4 230 252 260 233 227 205 195 201 177 154 146 131 119 44-5 213 277 257 273 231 234 204 224 184 179 162 141 112 45-6 239 268 304 271 260 240 214 214 217 186 174 154 126 46-7 274 287 238 313 269 251 261 252 236 210 192 179 135 47-8 350 373 356 321 332 314 292 214 269 256 202 196 173 48-9 422 436 353 353 316 323 323 289 263 264 239 213 168 49-50 415 442 431 369 318 323 331 399 288 294 267 244 201 50-1 474 524 428 437 355 310 337 336 311 301 275 250 203 t 51-52 631 yyyyyy533 y yyyy yy546 yyyyJJ''485 yy.yyyyy439 yyJJ''yyyy3''95 yy yy339 yyyyJJ''yy yy378 344 325 301 255 218 a TMMTMTIT MMMTMTTMTMTMTTMMTM�TMMMMMMMTMMMI`M MMMTTMTTMMYTMMIT T�(`TTTryTMT� MMTTMTMM�M'1TMTMMTMTMMMMMTMMMTTTTM COSTA MESA SCHOOL DISTRICT and NEWPORT BEACH SCHOOL DISTRICT HIGH SCHOOL -71- The present Library for the City A plan for the complete devel- of Newport Beach is located on Balboa Boulevard at opment of the Orange County Fairgrounds has been Island Avenue. It is an area that is congested with presented by the Fair Board. This plan proposes traffic during the summer season and should be more development of the area as a complete recreational centrally located. center as well as a fairgrounds. There are excellent youth It is to include a football center facilities in both Newport Beach and Costa stadium of seating capacity for ten thousand located Mesa. The first is located on Balboa Boulevard be- adjacent to the Orange Coast College, an agricul- tween 17th and 18th Streets and the second on Anaheim tural and feature exhibits building of some thirty Avenue and Central. - thousand square feet, a commercial exhibits build- ing, exhibit tents for automobiles and boats, a American Legion buildings are complete floriculture building, a layout of barns located on the beach off 15th Street in Newport Beach and exhibit buildings for livestock, an educational and on l$th Street between Anaheim Avenue and Newport and fine arts building, a restaurant, an amphi- Boulevard in Costa Mesa, theatre, a swimming pool, tennis courts, baseball diamond and other recreation facilities complete Hospital facilities are completely the picture. Other quasi-public buildings and lacking in the Newport Beach area with most persons areas are shown on page 22 of the Book of Maps. using- facilities in Santa Ana over ten (10) miles distant. This serious situation will be 6.3 The Plan. remedied upon completion of the Hoag Memorial Hos- The public buildings plan is pital located on the bluffs overlooking the Coast shown on the following page. The plan indicates Highway and Newport Boulevard, the general location of public buildings proposed to be constructed in the future. It also shows those This new facility which will be existing public buildings that are to be retained open to the public will have a capacity of seventy- and new public facilities to replace existing five (75) beds with space for an additional twenty- buildings that are inadequate because of location, five (25) beds, when needed, age or space. The Orange Coast College is 6.31 Schools located on Harbor Boulevard opposite Adams Avenue. This institution, although only four years old, A number of locations are is providing an excellent curriculum. A seven year shown where consideration should be given to the building program has been set up in order to develop purchase of land for new public schools. Actual a first class college plant. The entire building acquisition and development of these sites will be program is based on "pay as you go" financing and dependent primarily upon the future development no bond issues are contemplated, within the area and the need warrant for addition- al facilities. The plan is based upon the theory that the small school is uneconomical to operate -72- CITY OF NEWPORT BEACH i & ADJACENT AREA \\ p CALIFORNIA pcL 0 O DL�a 000 .a. T • "T N j SCALE .L,I \ 4 HAHN,CAMPBELL S ASSOCIATES PI ANNING CONBUITANTS � ASSISli \� MASTER PUBLIC BUILDINGS OpNpS - PLAN P PG LEGEND \\ GOPPl EGE (P O PpHpf Gps I \ I Q EXISTING SCHOOLS 0 ® EXISTING SCHOOLS TO BE EXPANDED \ i -1� •\ PROPOSED SCHOOLS T\ , UTURE ECH00 CasTq ALES. nIGV EXISTING FIRE STATIONS - PROPOSED FIRE STATIONS_ / CITY HALL AND CIVIC CENTER ' VF 11 1\ \ - POST OFFICES I LINDeu SCHOOL - OTHER EXISTING PUBLIC AND fosrq ESA olsrnlcr SEMI-PUBLIC BUILDINGS im YACHT CLUBS BUILDINGS PROPOSED BY PARK, 9' \� RECREATION B WATERFRONT PLAN C09 MLIq A19i I } � I HLIL ji e ARBOR UNIp I ///� ISSAS o �� FUTURE U ��� / 9 / ~ OO� I^I/- l BAIBOA BAY YACHT G UB ULY U� QO 1 nGJ� >r-Owi�^OOO LID��LE TPGHT GLUE O �CI �.. Or�0000 O�� '� ' NEWPORT MPRB � ��� oO N' r - \ ��O��O �`���. YACHT GoO QO�� l3V C-��� -_-- L--J _-- •\ oO�o�� h E MEN R �i � p N c and maintain and that it cannot provide all of the The lan also indicates the necessary facilities for the present day educational general locations of two 2) new fire stations, program. A desirable standard for elementary schools the one on Balboa to be on Palm Avenue near the is based on a seating capacity of between seven proposed Beach Parkway. The moving of the Balboa hundred (700) to one thousand (1000) pupils, for Station from Bay Avenue will be dependent upon intermediate schools between one thousand (1000) and the development' of the Beach Parkway. The sta- fifteen hundred (1500) pupils and for high schools tion located adjacent to the Parkway will allow of two thousand " (2000) to thirty-five hundred (3500) for ready response throughout the Balboa area. pupils. - The sites set out provide for proper The plan also suggests the re-location of the accessability and eliminate the necessity of travers- Balboa Island Fire Station to Park Avenue at ing physical barriers, such as heavily travelled Onyx Avenue. This would allow moviiig the fire highways. They are located to eliminate excessive equipment to both ends of the Island without overlapping of natural attendance areas. first traversing the entire length of the busi- The plan indicates sites of ness district. approximately ten- acre size for elementary schools. A number of buildings are It is preferable that the shape of the site be proposed as a part of the park, recreation and rectangular and it is essential in the actual sel- waterfront plan. The major ones are bathhouses ection of the sites that attention be given to the in connection with the two (2) swimming pools physiographical features, such as drainage, soil and proposed adjacent to the Newport and Balboa Piers, subsurface conditions, as well as the topography of and a clubhouse in connection with the golf course the land. north of the Coast Highway. Also proposed by this plan at the Corona del Mar State Park Beach School sites should also be are buildings for dressing rooms restaurant and considered as to the possibility- of disturbing , concession purposes. A number of other small features, among these dust, odor, noise, vibration public buildings will be required in connection and bright light are of primary concern. The with park,, -recreation and waterfront facilities. utility of many school structures has been impaired These small buildings are not indicated, as actual by adjoining use. Proper control of the use of land site acquisition will determine their location. by zoning will enable the stabilization of the use of property so essential to proper school location. Schools should never be located in the midst of in- dustrial or business developments or in the areas in which they are likely to take place, except as a last resort. 6.32 - City Buildings The plan proposes future development of the Civic Center area to provide for a new central fire station, an auditorium and a new library. It also provides for possible future ex- pansion of the City Hall facilities. A sketch showing these proposals is shown on the following page. -74- PTPedy Mee Hadp FHONT ELEVFY/ON .. x'dt fo port,ng aeo of . sh PPS^9 ce0/v \ PROPOSER AOOTON \f r \\ � •\" • I Sage-ieal nAvye� Ganwy / \ J/ [��, • I i A�efeww,-po,dy w.e I a L.+hw..r�.reua / � \� F,ye�-ProJ�a.Rn abe SAywCmlR \\ pea / \ • Yu°znb/4.�tf Fmn Av�R� \ F fore e.h^amq O T r town n h cent w,/6—r P.^•a,»nt Lawn ^,{..:,...,I^•.I� •::1 Nee �/, PO[/LE S � 32 29' Arc J C/TY OF NEWPOPT BEACH CIVIC CENTER DEVELOPMENT PLAN IIA/-/N, CAMPOELL & ASSOCIATES PLANNING CONSULTANTS C3URIPWAME, CAL/FORN/A 6.33 Timing of Improvement Plan A preliminary schedule to serve as a guide- in the timin g ing for the construction of various improvements proposed under the Master Plan is set forth hereunder: Time Phase 1 - 1952-1955 Time Phase 2 - 1956-1960 Time Phase 3 - 1961-1965 Time Phase 4. - 1966-1970 Project: Sponsor Site Acquisition Construction 1. Harper Elementary School Expansion. Costa Mesa Elementary School District District Owned 1 2. Costa Mesa Elementary School Expansion. Costa Mesa Elementary School District 1 1 3 . Lindburg School Expansion. Costa Mesa Elementary School District 1 1 4. Horace Ensign Intermediate Newport Beach School Expansion. Elementary School District District Owned 1 5. Newport Harbor High School Expansion. Union High School District District Owned 1 and 2 6. Future Elementary School (Site 1) . Newport Beach Elementary School District 1 1 and 2 7. Future Elementary School (Site 2) . Newport Beach Prior to Concurrent with Elementary School District Development of` Development area 8. Future Elementary School (Site 3 ) . Newport Beach or Costa Mesa Prior to Concurrent with Elementary School District Development of Development area 9. Future Elementary School (Site 4.) . Costa Mesa Elementary School District 1 1 and 2 -76- Ii Project: Sponsor Site Acquisition Construction 10. Orange Coast College Expansion. Orange Coast College District District Owned 1 and 2 11. Auditorium. City City Owned 1 12. Main Fire Station. City City Owned 1 13. Library. City City Owned 3 14. Balboa Fire Station. City City Owned 3 15. Balboa Island Fire Station. City 1 2 16. Fair Grounds. 32nd District District Owned 1 to 4 Agricultural Association 17. Buildings proposed by Park, Recreation and Waterfront Plan. As shown on Park, Recreation and Waterfront Plan 6.34 Recommendations. a. That the Newport Beach Elemen- d. That the community continue tary school District Board and the Costa Mesa Elemen- their support of the Orange Coast College and the tary School District Board adopt Master Plan for 32nd District Agricultural Association in the future school sites so that such plans may be co- carrying out of proposed development plans. ordinated with development in the present undeveloped areas, and so that the Planning Commissions of the e. That this plan be reviewed City of Newport Beach and Orange County may properly annually by the Planning Commission and any modi- act on new sub-divisions and other portions of their fications or additions deemed necessary be re- planning program. commended to the City Council or to the School b. That the" Irvine Company be con- Boards affected thereby. tacted in relation to withholding or setting aside parcels of land for school areas within the areas that they will develop in the future. c. That the City adopt a long-term plan for development of new city facilities to- gether with a financing schedule. -77- APPENDIX I and II APPENDIX I 2.2 "Owner" is the individual, firm, associ- ation, syndicate, co-partnership, or corporation SUBDIVISION ORDINANCE having sufficient proprietary interest in the land sought to be 'subdivided to commence and maintain proceedings to subdivide the same under the Ordin- SECTION I. PURPOSE OF ORDINANCE ance, and while used here in the masculine gender and singular number it shall be deemed to mean the 1'.1 This Ordinance is enacted for the purpose feminine and neuter gender and plural number when- of adopting subdivision regulations for the City of ever required. Newport Beach, State of California. 2.3 "Subdivider" shall mean any individual, 1.2 The Planning Commission of City of Newport firm, association, syndicate, co-partnership, cor- Beach, State of California; hereinafter referred to as poration, trust or any other legal entity commenc- the Planning Commission, is hereby designated as the ing proceedings under this Ordinance, to effect a Advisory Agency with respect to subdivisions as provided subdivision of land hereunder for himself or for in the Subdivision Map Act, of the State of California. another and while used here in the masculine gender and singular number it shall be deemed to mean and 103 - The Planning Commission shall have all include the feminine or neuter genes and the plural the powers and duties with respect to tentative and number whenever required. final maps, and the procedure relating thereto which are specified by law and by this Ordinance. 2.4 "Subdivision" shall mean any land or portion thereof shown on the last preceding tax roll 1.4 There is hereby created a Subdivision as a unit or as a contiguous unit which is divided Committee to consist of the Chairman of the Planning for the purpose of sale, whether immediate or future, Commission, the City Engineer, and the City Planner. bt any subdivider. Such Committee shall have the powers and duties as are specified by this Ordinance. 1.5 It shall be unlawful for any individual, SECTION III. TENTATIVE MAP firm; association, syndicate, copartnership, corpora- 3.1 Tentative Map of Subdivision of Four or tion, trust or any other legal entity, as a principal, Less Lots. agent, or otherwise to offer to sell, to contract to sell, or to sell any subdivision of land or any part 3.11 Filing and Approval. thereof in City of Newport Beach, unless and until all the requirements hereinafter provided have been 3 .11.01 Two copies of the tenta- complied with. tive map of proposed subdivision of any land into four (4) or less lots shall be filed with the Sub- SECTION II. DEFINITIONS division Committee. 3 .11.02 The tentative map shall 2.1 "Map Act" shall be deemed to mean the show the dimensions of the proposed lots or division Subdivision Map Act of tho State of California. and any other information deemed necessary by the Subdivision Committee. -1- 3.11.03 The Subdivision Committee coming within its authorized scope such department shall determine whether the proposed subdivision is shall so state within its report to the Planning in conformity with law and this Ordinance, whether Commission. If said map does not conform to such the size and shape of the proposed lots is in general requirements or any of them, such department shall conformance to City Requirements, and whether all the so state in said report noting therein the parti- proposed lots will have proper and sufficient access culars in which said map does not conform. to a public street. Approval shall be by vote of any two members of the Subdivision Committee and -shall be 3 .23 Size. noted by endorsement on the map. One copy of the approved map shall be retained in the files of the 3 .23.01 Tentative maps shall Planning Commission. be eighteen by twenty-six inches (18ux26'1) in size and to a scale of one -inch equals one hundred feet 3.11.04 Approval of the tentative (1° - 100* ) unless otherwise approved by the Planning map shall be deemed as final approval and no final map Commission, and shall be clearly and legibly re- need be submitted, provided that the Subdivision Com- produced. mittee may require that all the provisions of this Ordinance pertaining to subdivision into five (5) 3 .24 Information on Map. The tenta- or more lots be complied with where it is the opinion tive map shall contain the following information: of the Subdivision Committee that the intent is to ultimately subdivise into five (5) or more lots. 3.24.01 The subdivision name or number, date, north point, scale and sufficient 3 .2 Tentative Map of Subdivision of Five or description to define the location and boundaries More Lots. of the proposed subdivision. 3 .21 Filing. Six (6) copies of_ a ten- tative map and statement of the proposed subdivision record owner or owners of said subdivision. of any land into five (5) or more lots shall be filed with the Planning Commission at least fifteen 3 .24.03 Name and address of the (15) ' days prior to the meeting of said Commission, subdivider. at which consideration is desired together with a filing fee of twenty-five dollars ( 25. o) . 3 .24.04 Name, business address and number of the registered engineer, or licensed• 3 .22 Departmental Approval. The Plan- surveyor, who prepared the map of said subdivision, ning 'Commission shall transmit copies of such tenta= if any. tive map to the City Engineer and may transmit copies thereof to other departments as it deems advisable. 3.24.05 Sufficient elevations or Upon receipt of a copy of such tentative map each contours to determine the general slope of the land department to whom or to which the same has been and the high and low points thereof. transmitted shall examine the said map to ascertain if same conforms to the requirements coming within 3.24.06 The locations, names, the authoritative scope of such department, and with- widths and approximate grades of all roads, streets, in ten (10) days after receipt thereof, each depart- highways and ways in the proposed subdivision and ment shall make a written report to the Planning along the boundaries thereof. Commission. If said map conforms to the requirements -2- 3.24.07 The location and character 3 .25.05 Tree planting proposed, of all existing or proposed public utility facilities if any. in said subdivision or on said adjoining and contiguous highways, streets and ways. 3 .25.06 Restrictive covenants 3 .24.0$ The approximate widths, proposed, if any. location and purpose of all existing or proposed 3 .25.07 Justification and reasons easements. for any exceptions to provisions of this Ordinance. 3.24.09 Approximate lot lay-out 3.26 Planning Commission Approval. and approximate dimensions of each lot and each to .be numbered. 3 .26.01 The Planning Commission shall determine whether the tentative map is in 3.24.10 The outline of arty exist- conformity with the provisions of law and of this ing buildings to remain in place and their locations Ordinance, and upon that basis within thirty (30) in relation to existing or proposed street and lot days after the filing of the tentative map, approve, lines. conditionally approve, or disapprove the same and shall report such action direct to the subdivider 3 .24.11 Approximate location of and shall also transmit to the City Engineer a copy all areas subject to inundation or storm water over- of the tentative map, and a memorandum setting forth flow and the location, width and direction of flow the action of the Commission thereon. of all water courses. 3 .26.02 The Planning Commission 3.25 Information in 'Statement. The may suggest to the subdivider the advisability of statement to accompany map shall c6ntain the follow- dedicating suitable areas for the parks, playgrounds ing information: and schools, and other public building sites that will be required for the use of the population which 3.25.01 Existing us6 or uses of is intended to occupy the subdivision under the plan the property. of proposed property uses therein. In all cases the Planning Commission shall suggest to the subdivider 3 .25.02 Proposed use of the such measures as will make for excellence of resid- property. If property is proposed to be used for ential, commercial, or industrial development. more than one purpose, the area, lots or lot pro- posed for each type of use shall be shown on the 3.26.03 The Planning Commission tentative map. may refuse to approve a tentative map when the only practical use which can be made of the property pro- 3 .25.03 Statement of the im- posed to be subdivided, is a use prohibited by ord- provements and public utilities, including water inance or law or if the property is deemed unhealth- supply and sewerage disposal, proposed to be made £ul or unfit for human habitation or occupancy by the or installed and of the time at which .such im- Health Department of the City. provements are proposed to be completed. 3 .25.0 Public areas proposed, if any. -3- SECTION IV. FINAL MAP 4..12.03 Sheets and drawings showing traverse closures and the computation of 4.1 Filing. all distances, angles and courses shown on the final- map, ties to existing and proposed monu- "" --4..11- Within one year after approval ments, and adjacent subdivisions, street corners, or conditional approval of the tentative map, the and/or highway stations. subdivider shall cause the subdivision or any part thereof, to be surveyed and a final map thereof 4..2 Form of Final Map. prepared in conformance with the tentative map as approved or conditionally approved. The tracing 4..21 The final subdivision map shall and two blue line or black line prints of the final be clearly and legibly drawn upon- tracing cloth of map shall be filed with the Planning Commission to- good quality. All lines, letters, figures, certi- ether with a checking fee of fifteen dollars fications, acknowledgements and signatures shall $15.00) plus fifty cents ( .50¢) per lot shown on be made in black India ink. Typewriting or rubber the final map. An extension_ of time for filing of stamps shall not be used. The map shall be so made the final map may be granted by the City Council and shall be in such condition when filed that good upon recommendation by the Planning Commission legible blue prints and negatives can be made providing written application is made by the sub- therefrom. The size of the sheets of tracing cloth divider within one year after action on tentative shall be eighteen by twenty-six (1$" X 2611) inches map. leaving a margin of two inches (211) at the left edge and one inch (1^) at the other three edges of 4..12 At the time of the filing of the sheets. The scale of the final map shall be one the final map with the Planning Commission the sub- inch equals one hundred feet (111 = 1004 ) . divider shall also file therewith the following: 4.22 When the final map consists of for In the event any dedi- /a . more than two sheets, a key map showing the relation cation is to be made for the public use, a prelim- of the sheets shall be placed on sheet one. Every inary title report issued by, a Title Insurance sheet comprising the map shall bear the scale, Company in the name of the owner o% the land, north point, legend, sheet number, and number of issued to or for the benefit and protection of the sheets comprising the map. City of Newport Beach, showing all parties whose consent is necessary of their interests therein, 4..23 Wherever the City Engineer has except where the land embraced in such subdivisions established a system of coordinates then the survey is registered under the Land Registration Act shall be tied into such system. The map shall show (Torrens Act) . If the land is so registered, a clearly what stakes, monuments or other evidence certified copy of the certificates of title shall where found on the ground to determine the bound- be furnished. aries of the subdivision. The adjoining corners of all adjoining subdivisions shall be identified by 4..12.02 The instrument pro- lot and block numbers, subdivision name and. place hibiting traffic over the side lines of a major of record, or other proper designation. highway, parkway, street or freeway, when and if the same is required under Section 5.16 hereof. -4- 4.24 Sufficient data must be shown to 4.27.03 Streets and other rights determine readily the bearing and length of every of way. The maps shall show the center and side lot line, block line and boundary line. Dimensions lines of all streets, the total width of all streets, of lots shall be given as total dimensions, corner the width of the portion being dedicated and the to corner, and shall be shown in feet and hundredths width of existing dedications, and the widths each of a foot. No ditto marks shall be used. Lots side of the center line, also the width of railroad containing one acre or more shall show total acre- rights of way, appearing on the map. age to nearest- hundredth. Bearing and lengths of straight lines, and radii and arc length for all 4.27.04 The map shall show the curves as may be necessary to determine the location side lines of all easements to which the lots are of the centers of curves and tangent points shall be subject. The easements must be clearly labeled and shown. No lot shall be dimensioned to contain any identified and if already of record, its recorded part of an existing or proposed public right of way. reference given. If any easement is not definitely located of record, • a statement of such easement must 4.25 Whenever the City Engineer has appear on the title sheet. Easements for storm established the center line of a street or alley, drain, sewers and other purposes shall be denoted adjacent to or in the , proposed subdivision, the by fine dotted lines. Building lines shall be in- data shall be shown on the final map indicating all dicated by dotted lines of the same width as the monuments found and making reference to a field book lines denoting street boundaries. The width of the or map. If the points were reset by ties, the course easement and the lengths and bearings of the lines and detail of relocation data used by the City thereof and sufficient ties thereto to definitely Engineer shall be stated, locate the easement with respect to the subdivision must be shown. If the easement is being dedicated 4.26 The map shall show the location by the map, it shall be properly referenced in the and description of all monuments found in making the ownerts certificate of dedication. survey of the subdivision. 4.27.05 City boundary lines 4.27 In addition, the final map shall crossing or bounding the subdivision shall be clearly be prepared in full compliance with the following designated and referenced. requirements: 4.27.06 Lot numbers shall begin 4.27.01 The final map shall show with the number ttl" in each block and shall be the line of high water in case the subdivision is numbered in a clockwise direction from the upper left adjacent to a stream, channel or any body of water hand corner; north shall be generally up on the map. and shall also show any area subject to periodic in- undation by water. 4.27.02 The boundary of the sub- division shall be designated by a red border applied to the reverse side of the tracing and on the face of the blue line prints. Such border shall not interfere with the legibility of figures or other data. -5- 4.27.07 Block numbers shall be- Rights of way, easements gin with the number "1R continuing consecutively or reversions, which by reason of changed conditions, without omission or duplication throughout the sub- long disuse or lathes appear to be no longer of division.- The-numbers or letters shall-be solid and practical use or value and which signature it is of sufficient size and thickness to stand out, shall impossible or impractical to obtain. In this case, be so placed as not to obliterate any figure and shall a reasonable statement of the circumstances prevent- not be enclosed in any design. Each block in`-its ing the procurement of the signature shall be set entirety shall be shown on one sheet. Where adjoin- forth on- the map. ing blocks appear on separate sheets, the street ad- joining both blocks shall be shown on both sheets Any subdivision map in- complete with center line and property line--data. cluding land originally patented by the United States or the State of California, under patent 4.27.08 The map shall also show reserving interest to either or both of these enti- all other data that is or may be- required by law. ties, may be recorded under the provision of this Ordinance without the consent of the United States 4.27.09 - The- final map shall or the State of California thereto, or to dedica- particularly define, delineate and designate all lots tion made thereon. intended for sale or reserved. for private purposes, all parcels offered for dedication for any purpose, 4.31.02 Dedication Certificate. public or private, with all dimensions, boundaries A certificate signed and acknowledged as above and courses clearly shown and defined in every case. offering for dedication all parcels of land shown Parcels offered for dedication but not accepted shall on the final map and intended for any public use, be designated by letter. except those parcels other than streets, which are intended for the exclusive use of the lot owners in 4.3 Certificates and. Tax. Bond. the subdivision, their licensees, visitors, tenants " and servants. 4.31 The following certificates and- acknowledgements and all other now or hereafter - 4.31.03 Engineer's Certificate. required by law shall appear on the-final map; such A certificate by the Civil Engineer or licensed certificates may be combined where appropriate. surveyor responsible for the survey and final map. The signature of such Civil Engineer or Surveyor 4.31.01 A- certificate signed and unless accompanied by his seal must be attested. acknowledged by all parties having any record title interest in the land subdivided, consenting to the 4.31.04 A certificate for ex- preparation and recordation of said map, provided-, _ - ecution by the City Engineer. however, that the signatures of parties owning the following types of interests may be omitted if their 4.31.05 A certificate for ex- names and the nature of their interests are set ecution by the City Planning Commission. forth on the map. 4.31.06 A certificate for ex- Rights of way, easements ecution by the City Clerk. or other interest none of which can ripen into a fee. -6- 4.31.07 A certificate for ex- 4.4 Action on Final Map. ecution by the County Recorder. 4.41 Approval by City Engineer. Upon 4.32 Prior to- the filing of the final receipt of the final map and other data submitted map with the governing body, the subdivider shall therewith by the Planning Commission, said map and file with the clerk of the Board of Supervisors of data shall be referred to the City Engineer who shall the County in which any part of the subdivision is examine such to determine that the subdivision as located, a certificate from the official computing shown is substantially the same as it appeared on the redemptions in Orange County and the City of Newport tentative map, and any approved alterations thereof, Beach, - showing that according to the records of his that all provisions of the law and of this Ordinance office, there are no liens against the subdivision applicable at the time of approval of the tentative or any- part thereof for unpaid State, County, Mun- map have been complied with, and that he is satisfied icipal, or local taxes or special assessments collected that the map is technically correct. ' I£ the City as taxes, except taxes or special assessments not Engineer shall determine that full conformity there- yet payable. As to taxes or special assessments *fth has not been made he shall advise the subdivider collected as taxes not yet payable, the subdivider of the changes or additions that must be made for shall file with the clerk of the Board of Super- such purposes and shall afford the subdivider an visors mentioned, a certificate by each proper opportunity to make such changes or additions. If officer giving his estimate of the amount of taxes the City Engineer shall determine that full conform- and assessments which are a 'lien but which are not ity therewith has been made he shall so certify on yet payable. said map and shall transmit said map to the Planning Commission. In the event a subdivision is partly in 4.33 Whenever any part of the subdi- the City and partly outside the City, the County vision is subject to a lien for taxes or special Surveyor and the City Engineer shall enter into an assessments collected as taxes which are not yet agreement by and with the consent of their respective payable, the final map shall not be recorded until governing bodies, providing that the County Surveyor the owner or subdivider executes and files with the may perform the duties prescribed for the City Engin- Board of Supervisors of the County wherein any part eer in this paragraph or providing for an apportion- of the subdivision is located, a good and sufficient ment between them of said duties. The County Surveyor, bond to be approved by the Board and by its terms when by such agreement all such duties devolve upon made to inure to the benefit of the County and him, may after his performance thereof make the afore- conditioned upon the payment of all State, County, said certification upon said map and, when by such Municipal and local taxes and all special assess- agreement said duties are apportioned between the ments collected as taxes, which at the time the County Surveyor and City Engineer, it shall be su£fi- final map is recorded are a lien against the pro- cient, if each shall after the performance thereof, perty, but which are not yet payable. In lieu of a make a certification on said map, touching the duties bond, a deposit may be made of money or negotiable performed by each after which the map shall be trans- bonds in the same amount, and of the kind approved mitted to the Planning Commission. for securing deposits of public money. -7- 4.42 Approval of Planning Commission. If the City Council shall determine either that said Upon return of the final map by the City Engineer map is not in conformity with the requirements of or County Surveyor the Planning Commission shall this Ordinance or that it is not satisfied with the examine the same to determine whether said map con- plan of subdivision, it shall disapprove said map forms with the tentative map and with all changes specifying its reason or reasons therefor and the permitted and all requirements imposed as a condi- City Clerk shall in writing advise the subdivider of tion to its acceptance. If the Planning Commission such disapproval and of the reason or reasons for shall determine not to recommend said map, it shall such disapproval. Within thirty (30) days after the advise the subdivider of the changes or additions City Council has disapproved any map the subdivider that must be made for such purpose and shall accord may file with the Planning Commission a map altered him an opportunity to make same. If the Planning to meet the approval of the City Council. In such Commission shall thereupon determine that said map case the subdivider shall conform to all the re- is in conformity therewith and determines to reeom- quirements imposed upon him by this Ordinance when mend said map, it shall certify its approval there- filing the first final map with the Planning Com- on and shall transmit said map to the City Clerk, mission and the same proceedings shall be had there- together with any documents which may have been on as are prescribed by this Ordinance upon the filed therewith for presentation to the City Council. filing of the first final map with the Planning Commission. No map shall have any force or effect 4.43 Approval by City Council. At until the same has been approved by the City Council its first regular meeting following the filing of.' and no title to any property described in any offer said map with the City Clerk as aforesaid, or with- of dedication shall pass until the recordation of in ten days following the filing thereof, the City the final map. Council shall consider said map, the plan of sub- division and the offers of .dedication. The City 4.5 Agreement and Bond for Improvements. Council may reject any or all offers of dedication. If the City Council shall determine that said map, is 4.51 Upon the approval by the City in conformity with the requirement-s of this Ordin- Council of the final map the subdivider shall exe- ance and that it is satisfied with the plan -of sub- cute and file an agreement between himself and the division, it shall approve said map. When the sub- City specifying the period within which he shall divider shall have filed with the City Clerk,, the complete all improvement work to the satisfaction of agreement and bond, or made the deposit, described the City Engineer, and providing that if he shall in Section 4.5 hereof and when such agreement and fail to complete such work within such period the City bond shall have been approved by the City Attorney, may complete the same and recover the full cost and a$ to form, and by the City Manager or Administrator, expense thereof from the subdivider. The agreement as to sufficiency, the City Clerk shall transmit the shall also provide for inspection of all improve- map to the clerk of the County Board' of Supervisors. meats by the City Engineer, and reimbursement of the When all bonds, money or negotiable bonds ,required City by the subdivider for the cost of such inspec- under the provision of this Ordinance to secure the tion. Such agreement may also provide (a) for the payment of taxes and assessments which are a lien construction of the improvements in units, (b) for on some part of the subdivision but which are not an extension of time under conditions therein yet payable, have been deposited with and approved specified, (c) for the termination of the agreement by the Board of Supervisors, the clerk of the Board upon the completion of proceedings under an assess- shall transmit the final map to the County Recorder. ment district act for the construction of improve- ments deemed by the City Engineer to be at least the equivalent of the improvements specified in said City the subdivider shall be liable to the City for agreement, and required to be constructed by the such difference. subdivider, and (d) for progress payments to the subdivider, or his order, from any deposit money 4.54 No extension of time, progress which the subdivider may have made in lieu of payments from cash deposits, or releases of surety providing a surety bond, as provided by the next bond or cash deposit shall be made except upon succeeding section; provided, however, that no certification by the City Engineer that work covered such progress payment shall be made for more than thereby has been satisfactorily completed, and upon ninety percent (90%) of the value of any install- recommendation of the City Manager and approval of tent of work and provided that each such install- the City Council. tent of work shall be completed to the satisfac- tion of the City Engineer. SECTION V. GENERAL REGULATIONS AND DESIGN 4.52 The subdivider shall also file 5.1 Streets and Highways. with the aforesaid agreement, to-assure his full and- faithful performance thereof, a bond for such 5.11 The Street and Highway design sum'as is by the City Engineer deemed sufficient shall conform both in width and alignment to any to cover the cost of said improvements, engineer- Master Plan of Streets and Highways approved by the ing, inspection, and incidental expenses. Such City Council and right-of-way for any such street bond shall be executed by a surety company author- or highway indicated on said Master Plan shall be ized to transact a surety business in the State dedicated. of California and must be- satisfactory to and be approved by the City Attorney as to form and by 5.12 The Street and Highway design the -City Manager as to sufficiency. In lieu of shall conform to any proceedings affecting the sub- said bond, the subdivider may deposit with the division, which may have been initiated by the City City Treasurer cash money in an Amountfixed as Council or approved by said Council upon initiation aforesaid by the City Engineer. by other legally constituted bodies of the City, County, or State. If a parcel of land to be sub- 4.53 In the event the subdivider divided includes a portion of the right-of-way to shall fail to complete all -improvement work in be acquired for a public freeway or parkway, and the accordance with the provisions of this Ordinance City Council shall determine the boundaries of the and the City shall have completed same, or if right-of-way to be acquired, the subdivider shall the subdivider shall fail to reimburse the City either dedicate or withhold from subdivision all the for the cost of inspection, engineering, and - area included in said right-of-way. incidental expenses, the City shall call on the surety for reimbursement, or shall appropriate 5.13 General Design Conditions. from any cash deposits funds for reimbursement. In any such case, if the amount of surety bond 5.13.01 All streets shall, as far as or cash deposit shall exceed all cost and expense practicable, be in alignment with existing adjacent incurred by the City, it shall release the re- streets by continuations of the center lines thereof mainder of such bond or cash deposit and if the or by adjustments by curves- and shall be in general amount of the surety bond or cash deposit shall conformity with the plans of the Planning Commission be less than the cost and expense incurred by the for the most advantageous development of the area in which the subdivision lies. -9- 5.13.02 Streets shall be required to placed definitely within the jurisdiction of the intersect one another at an angle as near to a City under conditions approved by the Planning right angle as is practicable in each specific case. Commission. 5.13 .03 Where necessary to give access 5.14 Street and Highway Widths. Streets and to or permit a satisfactory.future subdivision of highways not shown on any Master Street and Highway adjoining land, streets shall extend to the boundary Plan or not affected by proceedings initiated by the of the property and the resulting dead-end streets City Council or approved by the City Council upon may be approved without a turn-around. In all other initiation by other legally constituted governmental cases a turn-around having a minimum radius of forty bodies shall not be of less width than those set feet,, shall be required. forth hereunder, except where it can be shown by the subdivider, to the satisfaction of the Planning Com- 5.13 .04 Intersection Corner Rounding. mission that the topography of the small number of Whenever a major street or State Highway intersects lots served and the probable future traffic develop- any other street or highway, the property lines at ment are such as to unquestionably justify a narrower each block corner shall be rounded with a curve hav- width. Increased widths may be required where streets ing a radius of not less than thirty (30) feet,. On are to serve commercial property or where probable all other street intersections the property line at traffic conditions warrant such. Approval or deter- each block corner shall be rounded with a curve hav- mination of street or highway classification shall ing a radius of not less than twenty (�O) feet. In be made by the Planning Commission. either case, a greater curve radius may be required if streets intersect other than at right angles. 5.14 .01 Major streets or highways - minimum right-of-way: Eighty-six (86) feet in com- 5.13005 Curve Radius. The center line mercial areas and eighty (80) feet in residential curve radius on all- streets and highways shall con- areas. Minimum pavement width fifty-six (56) feet. form to accepted engineering standards of design and shall be subject to approval by the City Engin- 5.14.02 Secondary streets or highways - eer. minimum right-of-way: Sixty (60) feet. The Planning Commission may require up to eighty (80) feet where a 5.13.06 Grades of Streets and Highways. street may become a major street at some future date. No street or highway shall have a grade of more than Minimum pavement width thirty-six (36) feet. seven percent (7%) unless because of topographical conditions or other exceptional conditions, the City 5.14.03 Local streets - minimum right- Engineer determines that a grade in excess of seven of-way: Sixty (60) feet. Minimum pavement width percent (70) is necessary. thirty-six (36) feet. 5.13.07 Reserved strips controlling 5.14.04 Cul-de-sac streets and service the access to public ways or minimizing values for roads when not over three hundred and fifty (350) feet special improvement assessments will not be approved in length - minimum right-of-way of sixty (60) feet. unless such strips are necessary for the protection Minimum pavement width thirty-six (36) feet. of the public welfare or of substantial property rights, or both, and in no case unless the control and disposal of the land comprising such strips is -10- I 5.15 Service Roads and Off-Street Parking. 5.19 Acre or Large Lot Subdivisions. Where When the front of any lots proposed for commercial a parcel is subdivided into lots of one acre or more, usage front on any major or secondary street or the Planning Commission may require that the blocks highway, the subdivider shall be required to dedi- shall be of such size and shape, and be so divided cate and improve a service road to provide ingress into lots, as to provide for the extension and open- or egress to and from such lots or in lieu thereof, ing of streets and alleys at such intervals as will if approved by the Planning Commission, the sub- permit a subsequent division of any parcel into lots divider may dedicate for public use and improve, an of normal size. area, approved by the Planning Commission and adjacent to such lots, for off-street parking pur- 5.2 Easements. poses. When the front of any lots proposed for residential usage front on any freeway, state high- 5.21 The subdivider shall grant ease- way or parkway, the subdivider shall dedicate and ments not less than five feet (5t ) in width for pub- improve a service road at the front of such lots, lic utility, sanitary sewer and drainage purposes unless such is already existent as a part of such on each side of rear lot lines, along side lot lines, freeway or parkway. In addition to any requirement and in planting strips wherever necessary, provided for a service road, the Planning Commission may re- easements of lessor width may be allowed when at the quire adequate off-street parking areas for all lots determination of the City Engineer that the purposes proposed for commercial usage. of easements may be accomplished by easements of lesser width and provided further that in such de- 5.16 Non-Access and Planting Strips. When termination the City Engineer shall prescribe the the rear of any lots border any major or secondary width of such easements. Easements for overhead street, highway, or parkway, the subdivider may be wire lines, shall be provided at the rear of all lots, required to execute and deliver to the City an except where alleys are available, and in contiguous instrument, deemed sufficient by the City Attorney, locations to permit of anchorage, line continuity, prohibiting the right of ingress and egress to the ingress and egress. Dedication of easements shall be rear of such lots across the side lines of such to the City for the purpose of installing utilities, streets or highways. When the rear of any lots plantings, strips and for other public purposes as may border any freeway, state highway or parkway the be ordered or directed by the City Council. subdivider may be required to dedicate and improve a planting strip adjacent to such parkway or free- 5.3 Lots way. 5.31 The size and shape of lots shall 5.17 Alleys. When any lots are proposed be in conformance to any zoning regulations effective for commercial or industrial usage, alleys at least in the area of the proposed subdivision and shall not thirty (30) feet in width may be required at the be less than fifty (50)feet in width, nor less than rear thereof with adequate ingress and egress for five thousand (5,000) square feet in area, nor less truck traffic. than eighty (80) feet in depth provided that for corner lots the width shall not be_ less than sixty 5.18 Street Names. All street names shall (60) feet. The Planning Commission may recommend the be as approved by the Planning Commission. granting of exception to this provision where lots are to be used for commercial or industrial purposes or where there are unusual topographic conditions, curved -11- or cul-de-sac streets or other special conditions. 5.32 The side lines of all lots, so 5.7 Deed Restrictions. far as possible, shall be at right angles to the street which the lot faces, or radial or approxi- 5.71 A copy of the Deed Restrictions mately radial if the street is curved. applicable to the subdivision shall be filed with the Planning Commission at the time of filing Final 5.33 Building set-back lines shall Map. be indicated by "dotted" lines on the Subdivision Map, as required by the Planning Commission. 5.8 Land Subject to Inundation. 5.34 Divided Lots. No lot shall be 5.81 I£ any portion of any land, within divided by a city boundary like. the boundaries shown on any such Final Map, is sub- ject to overflow, inundation or flood hazard by storm 5.35 Lots without frontage on a waters, such fact and said portion shall be clearly street will not be permitted. shown on such Final Map enclosed in a border on each sheet of said map. 5.36 Lots, other than corner lots, may front on more than one street where necessitated by SECTION VI. IMPROVEMENTS AND BONDS topographic or other unusual conditions. 5.4 Walkways. 6.1 Standards and Approval. 6.11 All improvements hereinafter men- 5.41 The subdivider may be required tioned shall conform to those required in the A to dedicate and improve walkways across long blocks 'IStandard Subdivision Improvement Specifications" or to provide access to school, park, or other public prepared by the City Engineer, recommended by the areas. Planning Commission, and adopted by the City Council, copies of which are on file in the office of the 5.5 Water Courses. Planning Commission and the City Engineer. 5.51 The subdivider shall, subject to 6.12 Improvement work shall not be riparian rights, dedicate a right-of-way for storm commenced until plans and profiles for such work have drainage purposes conforming substantially with the been submitted to and approved by the City Engineer. lines of any natural water course or channel, stream Such plans may be required before approval of the or creek that traverses the subdivision, or at the final map. All such plans and profiles shall be option of the subdivider provide by dedication prepared on tracing cloth in accordance with require-- further and sufficient easements or construction, ments of the City Engineer. or both, to dispose of such surface and storm waters. 6.13 All required improvements shall be 5.6 Master Plan. constructed under the inspection of and to approval of the City Engineer. Cost of inspection shall be paid 5.61 In all respects, the subdivision by the subdivider. will be considered in relation to the Master Plan of the City, or any part thereof, or preliminary plans made in anticipation thereof. -12- 6.14 All underground utilities, sani- 6.25 '[later. Plater mains and fire tary sewers and storm drains installed in streets, hydrants of design, layout and locations approved service roads, alleys or highways shall be con- by the City Engineer, connecting to the water strutted prior to the- surfacing of such street, system serving the City of Monterey, shall be service-roads, alleys, or highways. Service con- installed in accordance with policy adopted by the nections for all- underground utilities and sanitary City Council. sewers shall be placed to such length as will obviate the necessity for disturbing the street or 6.26 Street Trees. Street trees may alley improvements, when service connections there- be required by the Planning Commission and if so to are made. shall be of a type approved by the Park Commission, 6.2 General Requirements. and planted in locations approved by said Commission. 6.27 Railroad Crossings. Provision The subdivider shall install improve- shall be made for any and all railroad crossings ments in accordance with the general requirements necessary to provide access to or circulation with- set forth in this section. in the proposed subdivision, including the prepara- tion of all documents, necessary for application to 6.21 Streets and Highways. All the California State Public Utilities Commission for streets and highways shall be graded and paved to the establishment and improvement of such crossing. cross sections and grades approved by the City The cost of such railroad crossing improvement shall Engineer. The subdivider shall improve the ex- be borne by the subdivider. tension of all subdivision streets, highways, or public ways to the intercepting paving line of any 6.3 Monuments. County road, City street, or State Highway. 6.31 Permanent iron pipe monuments of 6.22 Structures. Structures shall a type approved by the City Engineer shall be set at be installed, as deemed necessary by the City En- each boundary corner of the subdivision, along ex- gineer, for drainage, access and/or public safety. terior boundaries at intervals of not over five Such structures to be placed to grades and to be hundred (500) feet, at the beginning and end of of a design approved by the City Engineer. property line curves, and at any other points as may b 6.23 Curbs and Gutters. Curbs and e required by the City Engineer. gutters shall be installed to grades, cross section, 6.32 Concrete monuments depressed below layout and location approved by the City Engineer. street grade with cast iron ring and cover of a type approved by the City Engineer shall be set at inter- 6.24 Sewers. Sanitary sewer facili- sections of street centerline tangents or offsets ties connecting with the existing city sewer system therefrom, and where such intersect on private prop- shall be installed to serve each lot and to grades, erty, at the beginning and end of the centerline curve locations, design and sizes approved by the City and/or offsets therefrom. The exact location of all Engineer. No septic tanks or cesspools will be such monuments shall be shown on the final map before permitted. Storm water sewers shall be installed approval is requested. as required by the City Engineer. -13- 6.33 Permanent elevation bench-marks of 7.11.01 That there are special a type approved by the City Engineer and referred to circumstances or conditions affecting said prop- the City datum shall be set at each street inter- erty. section in the curb return or other location approved by the City Engineer. 7.11.02 That the exception is 6.34 Any monument or bench mark, as re- necessary for the preservation and enjoyment of a quired by this Ordinance, that is disturbed or de- substantial property right of the petitioner. stroyed before acceptance of all improvements shall 7.11.03 That the granting of be replaced by the subdivider. the exception will not be detrimental to the public welfare or injurious to other property in the 6.35 Complete field notes, in a form vicinity in which said property is situated. satisfactory to- the City Engineer, showing references, ties, locations, elevations and other necessary data 7.2 Planning Commission Action. relating to monuments and bench marks set in accord- ance with the requirements of this Ordinance, shall 7.21 In recommending such exceptions, be -submitted to the City Engineer to be retained by the Planning Commission shall secure substantially the City as a permanent record. the objectives of the regulations to which the exceptions are granted, as to light, air, and the 6.36 Monuments and bench-marks shall public health, safety, convenience and general be set before submission of the final map for City welfare. Council approval unless exception is recommended by the City Engineer and approved by the City Council. 7.22 In recommending the authorization of any exception under the provisions of this sec- SECTION VII. EXCEPTIONS tion, the Planning Commission shall report to the City Council its findings with respect thereto and 7.1 Application. all facts in connection therewith, and shall spec- ifically and fully set forth the exception recom- 7.11 The Planning Commission may recom- mended and the conditions designated. mend that the City Council authorize conditional exceptions to any of the requirements and regulations 7.3 City Council Action. set forth in this Ordinance. Application for any such exception shall be made by a certified petition of 7.31 Upon receipt of such report the the subdivider, stating fully the grounds of the City Council may by resolution authorize the Planning application and the facts relied upon by the petition- Commission to approve the tentative map with the er. Such petition shall be filed with the tentative exceptions and conditions the City Council deems map of the subdivision. In order for the property necessary to substantially secure the objectives of referred to in the petition to come within the pro- this Ordinance. visions of this section, it shall be necessary that the Planning Commission shall find the following facts with respect thereto: -14- - - - J SECTION VIII. APPEAL SECTION I%. VALIDITY 8.1 Notice. 9.1 If any section, sub-section, sentence, clause or phrase of this Ordinance is for any reason 8.11 Appeal may be made to the City held to be invalid or unconstitutional by the de- Council from any decision, determination or re- cision of any court of competent jurisdiction, such quirement of the Planning Commission or City En- decision shall not affect the validity of the remain- gineer by filing a notice thereof in writing with ing portions of the Ordinance. The City Council of the City Clerk within ten (10) days after such de- the City of Newport Beach, State of California, here- cision or determination or requirement is made. by declares that it would have passed this Ordinance Such notice shall set forth in detail the action and each section, sub-section, sentence, clause and and the ground by and upon which the subdivider phrase thereof, irrespective .of the fact that any one deems himself aggrieved. or more other sections, sub-sections, clauses or phrases be declared invalid or unconstitutional. $.2 Report. $.21 The City Clerk shall report the SECTION X. PENALTIES filing of such notice to the Planning Commission 10.1 Any person, firm, corporation, partner- and City Engineer. A written report shall be sub- ship, or co-partnership who wilfully violates any of mitted to the City Council by the party whose de- the provisions or fails to comply with any of the cision, determination or requirement is upon ap- mandatory requirements of this Ordinance is guilty peal. of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed five hundred 8.3 Action on Appeal. dollars ($500.00) or by imprisonment in the County Jail, not to exceed six (6) months or by both fine and 8.31 The City Council at its next imprisonment, except that nothing herein contained regular meeting following the filing of said ap- shall be deemed to bar any legal, equitable, or summary peal, or within ten (10) days following the filing remedy to which the City of Newport Beach or other thereof, shall set said appeal for hearing to be political subdivision, or any person, firm, corporation, held within ten (10) days thereafter, and such partnership, or co-partnership may otherwise be entitled, hearing may for good cause be continued by order and the City of Newport Beach or any other political of the City Council. Upon the hearing of said subdivision or person, firm, corporation, partnership, appeal the City Council may over-rule or modify or co-partnership may file a suit in the superior the decision, determination or requirement ap- court of the State of California in and for the County pealed from and enter any such order or orders of Orange, to restrain or enjoin any attempted or as are in harmony with the spirit and purposes of proposed subdivision or sale in violation of this this Ordinance, and such disposition of the appeal Ordinance. shall be final. -15- APPENDIX II SECTION II. POWERS TREE ORDINANCE 2.1 The Newport Beach City Engineer shall exercise the powers and duties that are now or that may hereafter be imposed upon him relating to tree AN ORDINANCE TO PROVIDE FOR THE PLANTING, planting, except such powers and duties as are vested PROTECTION, PRESERVATION, REGULATION AND in other officers or employees by the charter. The CONTROL OF SHADE AND ORNAMENTAL TREES, City Planning Commission shall make recommendations SHRUBS, AND FLOWERS UPON THE STREETS, to the Council from time to time as to what particular SIDEWALKS, ALLEYS, AND PUBLIC PLACES work shall be ordered by the City Council. WITHIN THE CITY OF NEWPORT BEACH, AND FOR SUCH PURPOSES TO PROVIDE FOR THE DIREC- TION AND JURISDICTION AND CONTROL OVER SECTION III. DUTIES THE PLANTING, MAINTENANCE AND CARE OF SAID TREES, SHRUBS. AND FLOWERS, AND TO 3.1 The City Engineer shall direct and PROVIDE PENALTIES FOR -THE VIOLATION superintend all planting, removal, cutting, pruning, THEREOF. trimming, and/or topping of all trees and shrubs THE CITY COUNCIL OF THE CITY OF NEWPORT under control of the City. BEACH DOES ORDAIN AS FOLLOWS: SECTION IV. PLANTING SECTION I._ DUTIES _ 4.1 No tree or shrub shall hereafter be planted in any city street, sidewalk, alley or pub- 1.1 It shall be the duty of the City Planning lic place of said City of Newport Beach, except in Commission to prepare plans which shall designate by accordance with the ordinances and street tree plans means of a complete map of the city streets, a uniform adopted by the City Council, and upon permits issued method of street tree planting, designating certain by the City Engineer. streets for a certain specimen of tree or trees and shrub or shrubs, showing the intervals between said trees or shrubs. SECTION V. PLANTING 1.2 The City Planning Commission shall submit 5.1 In the event that the City of Newport said plan to the City Council for adoption or modifi- Beach shall undertake to do the actual work of plant- cation, if, and when, the uniform plan of the City ing and maintaining of trees and shrubs or other Planning Commission in its original or modified form plants in any street, the same shall be done by the is adopted by the City Council, it shall become the City Engineer, in accordance with the ordinances and tree planting plan for the City of Newport Beach. street tree plans adopted by the City Council. -1- SECTION VI. PERMITS 7.2 Tree stakes or guards may be placed around trees, shrubs or plants by the City or by 6.1 No person or corporation shall remove property owners, provided the same are merely or cause to be removed, plant or set out any shade placed near a tree, shrub or plant, for the tree or plant, or cause or procure any person to purpose of protecting or training such trees, set out or plant any shade tree or plant, in or on shrubs or plants. any part of any street, sidewalk, alley or public place within the City of Newport Beach without 7.3 No person shall, without the written first having obtained a written permit therefor permit of the City Engineer of the City of Newport from the City Engineer, setting forth the conditions Beach attach or keep attached to a tree, or plant under which trees or plants may be removed or be in a public highway, or to the guard or stake set out or planted and the kind thereof, and the intended for the protection of such a tree or plant, person obtaining such permit shall comply with all a rope, wire, or any other device. the terms and conditions thereof. SECTION VIII. HOUSE MOVING SECTION VII. PROTECTION 8.1 No person shall move any building or -7.1 No person or corporation shall in any- other object along any street in such manner as to wise interfere, or cause or permit any person to injure any tree - shrub or plant in such street. interfere with the City or its employees engaged The City Engineer may, if deems advisable, require in the planting, mulching, pruning, spraying, any person moving a building, or any other object treating, or removing of any tree or plant in the along a street in said City of Newport Beach, to public highways of or in the City of Newport Beach, furnish a bond in an amount sufficient to cover the or in the removing of stone, cement or other sub- damage or destruction of trees, shrubs or plants on stance about the trunk of any tree or plant in any any street. such street, sidewalk, alley or public place of or in said City of Newport Beach. No person shall pile building material, or other material, about any SECTION I%. INSPECTION tree, shrub or plant in a street in any manner that will in any way injure such tree, shrub or plant. 9.1 The City Engineer may inspect all trees, In the erection or repair of a building or structure, shrubs and plants in all streets of the City of the owner thereof shall place such guards around Newport Beach. Upon discovering that any such trees, all nearby trees in the public streets as shall shrubs or plants are infected or infested with scale, effectually prevent injury to them. No person or plant or animal life or growth or any insect detri- corporation shall, without the approval of the City mental to the growth, health or life of such trees, Engineer place or maintain, or cause to be placed shrubs or plants, he may remove, eradicate, or des- or maintained, upon the ground in a public street troy such condition. If any trees, shrubs or plants of or in said City of Newport Beach, any stone, in any street are so infected or infested to such a cement or other substance which shall impede the free degree that such condition cannot be removed, eradica- access of water and air to the roots of any tree or ted, or destroyed by the usual means and efforts em- plant in such street. ployed, said City Engineer may remove and destroy any such trees, shrubs or plants. -2- SECTION X. UTILITIES 11.2 In case any tree, shrub or plant in any street in said City of Newport Beach or any tree, 10.1 Every person or corporation having shrub or standing plant on any private property, any wire charged with electricity running through overhanging or projecting into any such street, a public street, sidewalk, alley any public place appears to be dead, liable to fall, dangerous, or an in the City of Newport Beach shall securely obstruction to such public travel on any such street, fasten such wire so that it shall not come in the City Engineer may cause the same or such part contact with any tree or plant therein; and no or parts thereof as are dead, liable to fall, person, persons or corporation shall without the dangerous, or an obstruction to such public travel, written permit of the City Engineer attach any to be cut down, and if in any such street, to be electric wire, insulator or any device for the removed therefrom; provided that, except in case of holding of any electric wire or for bracing the manifest public danger and immediate necessity, no poles which carry the same to any tree growing or such trees or shrubs standing on any private prop- planted upon any public street of or in the said erty shall be wholly cut down or removed unless ten City of Newport Beach. (10) days ' notice in writing of its intention to cause the same to be done shall be given by the City 10.2 No person or corporation shall, Engineer to an answer, occupant, or agent of the without the written permit of the City Engineer estate nearest such tree or shrub. If the owner, trim, prune; or cut any tree, shrub or plant upon occupant, or agent of such private property shall, the streets, sidewalks, alleys and public places within seven (7) days after the giving of such notice, within the City of Newport Beach. Upon per- file with said City Engineer his objection in writing mission being granted to any person or corpora- to such removal, such tree or shrub shall not be cut tion for the purpose of trimming, pruning or cutting down or removed unless said City Engineer shall give any trees, shrubs or plants such trimming, prun- such owner or other proper person who has given such ing or cutting shall only be done under the super- notice, a reasonable opportunity to be heard in support vision of the City Engineer. of such objection and shall thereafter approve, in writing, the removal of the same, if such objection is not sustained. SECTION XI. OBSTRUCTION OF STREETS 11.3 Nothing in this ordinance contained shall 11.1 The City Engineer may inspect any and be deemed to impose any liability upon the City of all trees, shrubs and plants which are in any street Newport Beach, its officers or employees, nor to re- in said City of Newport Beach, or which, standing lieve the owner of any private property from the duty on any private property, overhanging or project to keep trees and shrubs upon said private property, into any such street, to determine whether any of or under his control, together with sidewalks and the same, or any part thereof, appears to be dead, parkways, in front of such private property, in a liable to fall, dangerous or an obstruction to pub- safe condition. t lic travel on any such street. -3- J SECTION M. PENALMS 12.1 Any person, firm or corporation violat- ing any of the provisions of this ordinance shall be • deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred- dollars ($500.00), or by imprisonment in the city jail for a period of not more than six (6) months, or by both such fine or imprisonment. SBCTIOA 1111. FIOUTIONS 13.1 Every violation by the same person of any provisions of this ordinance which occurs again, or continues on any day or days succeeding the first violation thereof, shall constitute an additional violation for each of such succeeding days. w TELEPHONE HARBOR 3131 lty of Xewport Beach ZyyWPO 04 �,R.o„?�� _ _ _ C Iiforn 'ia F,�,___•.,� A. CITY COUNCIL EI Y x L. L. ISBELL �' �� 1 • MAYOR DICK DRAKE 9yP'eMeew`�4P - ROSS 13REELEY E COUN'�' - DALLAS K. BLUE BRADEN FINCH June 169 1950 Honorable Members of the City Council City of Newport Beach Newport Beach, California • Gontlemeas The Planning Commission of the City of Newport Beach herewith anbmita for your consideration the followings 1. A revised zoning ordinance. 2. A districting map for the City of Newport Beach. 3, A resolution adopted by the Planning Commission at a regular and duly constituted meeting of its members held June 15, 1950 in the City Hall. 4, Recommendations of the planning consultants, Naha- Campbell and Associates, in regard to the revised zoning ordinance and districting map for the City of' Nowport Beach. Also submitted herewith is data, records, and commehts whicb, the Planning Comrai.ssion and planning consultants have developed through their studies and research during the past year. one of the reasons which promp;sd the Planning Commission to urge the City Council to engage the firm of Hahra4ampbell and Assooiates was that it felt that a maotor plan of development should be prepared and adopted. As a part of a necessary master plan, the current zoning ordinance would not be adequate in all Ito provisions to meet the rapidly changing conditions resulting from the growth and expansion of the city. This same feeling seemed to prevail among margy civic minded citizens and was discussed by some of the civic organizations. The consultants and Planning Commission spent several months studying the zoning problems of the city. A tentative zoning ordinance was compiled. After several re-drafts were made, the revised draft was submitted to the public for r City Ceacua017,_5:9�'faac?s ..+?�^ . , • . . .:..� . Jusaa l6p 195D atudy and auggestionas Tho Planning Comission took th3 a-cescary stops pro- scribod by Ian to hold public hoaringsa on the prropoced ordinance and districting asps Thrbo public haaringa steno held. In edditioA to the publics hseringap the eo cusltants and saabera of tho CowAssion put forth efforts to dioouas t10 crdiaawa and diatricting map chin all'tha civic organization in the city. Appaa=nCOV. c'ara made bofaro many civic groupap dome of which arcs The Muport Beach Realty Hoard (tiro appoaran000) h3slport B3ach Busirsss Caw Association Uvanin Club - 1!;;vpor^r Beach Hiranis Club - Costa lean rest reprport Basch Civic AssOCIfition Balboa Poninsula Civic Association Cbrdns del tar Civic Association Aftor oompd.Ltng and studying the suggeotions and protests omanating from tho public hearings and appaaranzos baforo the various ,.oupop the zoning ordi- nam and districting map Caro again revicsd and prepared for tbair submission herewith to you, • in tho language of planora, the curront ordinance Of the City of ftaport Beach is dosignatad as a "Rigid Typo" ordinance. Thz ordinance obich to sub- mittod herossith to you is deoig +ttod as a "Floxiblo TyW ordinance. The pro- dominant difforonco botr*on the two, typal of ordinanoa is that the "noxible Typo" affords the Planning Commission and City Council more latitude and diecrotion to moot .the planning problems of the city.. Tho ordinanca makon available to the Planning Commission an inatrva nt known ne the "Use ?Omit" to aolvo and control washy probl= that may arl= in tOrtain Sousa. It in difficult to foromo or predict the problems that may arieo in thle city or any other city within tha raxt ten years. Obviously, it could be even more difficult to'logiolato a rigid type ordinattco that Could hasa no ohnnco, abat000vorp of satisfactorily m3eting the zoning problems of f;3taport Beach that may occur in the next fivo to ton years. The conoultants and the Planning Commission siaucoroly tool that the Boning ordinance abich we aro h^roin asking you to adopt to sufficiently flexible to onablo a good planning commission to carefully and.proporly solve the planning problems of tho city for many years to coma, ra are also informed that the ordinance Car are submitting is not as floxiblo as sow that era already in fora in several California cities. The Commission feel* that if you and the p3op140 of the city expect the planning problema to be fully oxplored and adequately solvod, the Commission should havo the necessary tools vith vbich to work and fw0tion. As a part of th3 aft1los madop the Coam losion court a questionnaire to sav- • oral bities and countioa in California pbioh are nos using the "Flexible Typo" ordinance. -who quostioanaire submitted them is attached and marked "Exhibit A." w y . City Caaanoil, r3uport 8or�c�t ..3. ime 160 1950 Tho anavara together with a tabulation of th3 results Of the ansrnrs are attached also and marked "Exhibit B.i° Each city and county rras asked to furnish us with a Copy of its ordinanoo, and thaso copies are on file with the clerk of the Commission. A study of those ordinancoo mo mado, particularly regarding the "Use Permit." A recapitulation as to th3 manner and extent to mhieh the "Use Permitn functions in those ordi- nanaos is attached herewith and marked "Exhibit C.n Tco additional zone classifications have boon incorporated into this pro- pomd ordinance, namalys Agricultural - Roaidontial or RA. Th3ro is no wed for this sow clasai- fication within th3 present city limits of Wavport Bauch; hecover, thare, are pooaibilitiea of now. =as being annexed to the City. At present, some of thes3 areas are still in agricultural status and may be devolopcd into a subdivision of small agricultural estates. If this happens, a zona--AVIcultural-Residen- tial has boon providod in th3 ordinanc3 to moat this possible nand. Tha othjr zone is for hotels and large apartments. The present ordinance doaa not have an adequate provision for hotel dovelopents. The Planning Commission has boon asked on many occasions rloat it Could do to handle a hotel dovolopwnt or project in the city. The only reply that could be given is to i am*ad the oxWrept ordinance in a manner that mould attempt to meet the problem. To ansxar this possible probiam, a zono classification for hotola has boon in- corporatod in tho•,prgpo3o4 ordinance. On tho districting map, we prOp03e that sOm* cOOtiOna Of the city bn rezowdo Gonarally spoakin?, the zoning of property has follonad the present zoning. Changes Caro made in thoso pe¢tiona in which the current dovolopmont trends indicated a change, ahould be made to moat the actual or indicated conditions thoroin.. Alao, thoro are a Pau sections wheroin it night be possible to upgraado the oxiating• zorAM. Tkoro. Mra also sox,* areas uboroin it eau porhapo advicablo to docmgrado to root actual conditions, most of the protests conterod on tho zom chang*a wa propocad or zone Changes th3 property omn3ra propocod. Ts on- doavorcd to compromico theso differonoos so for as poaoible and still follow a good pattern of city planning. Thore are a few proposed changoa on which no agroomont could be reachod and you may anticipate some protests regarding them. ro beliova that se have submitted to you a zoning plan and revised ordinance which sill enable tho city to experience a. good and balanced doeelopgmnt. Raspactfully submitted, PIAPikUM OMMISSIM CITY CF NSVWCRT BEACH • Bys Halter H. Loagmoor, Chairman. Ray Y. Copolin, Socretary g� • TELEPHONE HARBOR 3131 lty of Xewpo'rt Be ac� _ Y • �ygrpp� - - —_ C aIifornia CITY COUNCIL t`J Y x L. L. ISBELL MAYOR DICK DRAKE 9YgFMeca`•�GP - ROSS GREELEY PE COUN'r� DALLAS K. BLUE BRADEN FINCH June 16, 1950 Honorablo -Mmbersof The City Council City of- Newport Beach Newport Beach, California Gentlemen: • BRIEF ON AND ANALYSIS OF SOM OF THE PROBLEf,1S INVOLVED IN THE PROPOSED ZONING ORDINUME AND ZONING PLAN FOR THE. CITY OF NENPORT BEACH 1. PIE SUBUIT HEREIUTH AN OFFICIAL b1AP OF THE CITY OF NE-';PORT BEACH 713 havo designated thereon tha zoning districts which we recommend for adoption. These districts are designated by colors shown in the legend, Also submitted is another official map of the City of Newport Beach on which is shown in colors, per the legend, the changes proposed in zow districts. This map showing the proposed zoning changes is only for the purpose of giving you a clear picture of' our zoning change suggestions. The colors used indicate the now zoning proposed. The letter-figure zone designations indicate the current zoning. The sections of tho city shown on the change'map without any coloring indicate that wa propose retaining the zoning as it now.is zoned. 2. BLOCKS 131 AIM 1320 CCRONA DEL MAR Under present zoning the south half- of Blocks 131 and 132 are R-1. Tba northern portions of these blocks are R-Z. We propose that the R-1 portions be rozoncd to R-2. Thaso blocks are surrounded on.tbroc video by R-3 and R-2 zonea which are boing dovolopod with multiple units. Last year re had applications from ormory in th3 R-1 zone section of Block 131 to rezone to R-2. Tho Conziv- . viva at that tizo refused the change. With the multiple unit dovolopmsnt and the mann3r in which the zoning is split in those blocks, = fool that the zoning should 'be uniform as R-2. This proposed chongo boon= vory controvorsial. You may oxpoct to r000ivo protonto on this change and considcrablo prossure to retain the procont zoning of R-1. It was our oboorvation that moat of the protests came from motions • The City COM011 June 16, 1950 of these blocks already zoned R-2. Because of the zoning of R-2 and R-3 in this area, r:a fool that the property now zoned R-1 should be entitled to the R-2 privi- leges if they desire to use them. T's propose a change from R-3 to R-2 for a portion of the Bluff property south of Baysido Drive and crest of Carnation Avenue. This chango affects the property below the Bluff at the crater level. The portion on top of the Bluff is retained as R-3. {"a have left Block A-34 under its present zoning of R-3. The owners applied for a change to R-4, but ra felt that it should be left as R-3 until further plans are submitted for its ultimate development. It this block is retained under single ownership, it mould make a good hotel site; however, at the time of our hearings, indications pointed to subdivision, in which ease it should be zoned to R-2 or R-1. 3. LIDO ISIE A controversial problem developed on some proposed changes of C-1 and R-3 zoning in the center section of Lido Isle; Tho Planning Consultants discussed this problerg with the Griffith Compass who expressed a definite desire to retain • the present zoning. Hover, considerable pressure was expressed to the Commi.s- cion by individual property owners for reduction of the R-3 zoning. It did not coem possible to reach any compromise on the issue; thorefore, on recommendation of tho Planning Consultants the zoning changes shown are submitted to you. 4. LIDO PENINSULA Under present zoning this is all M-1. The Planning Consultants advise us that some protection should be accorded to Lido Isle against possible manufactur- ing dovolopment on the cast aide of the Peninsula. Ste are proposing the changes suggestod by the Consultants, that of a strip 150 feet along the east side being made 0-2. Also the M-1 zoning in the Newport area involving the South Boast Company property is shown as changed from M-1 to C-2. The provisions of C-2 have been liberalized so as to permit all types of boat construction and repair which should cover all the operations of boat yards, At tho same time, 0-2 zoning would afford better protection to the central busi- nosn section of Newport Beach against unfavorable industry in that area. Also, the C-2 zoning bordering Newport Boulevard and :McFadden Place has been changed to C-1. 5. OCEAN FRONT BT,;T OEEN THE TIM PIERS Tho Planning Consultants arc submitting a plan for the useful development of tho sedan beach in this area for recreational purposes. For some time, tho Commission has been receiving inquiries about the. possibility of hotel locations in the city. Under the present ordinance there is no adequate provision for hotol dovelopment. Reaoarch on this problem has convinced the Planning Consult- auto that tho boach front would be a good area for hotel and apartment houso development. • The' City Council June 16, 1950 We expected, and did receive, many protests from property owners facing the ocean beach in this area. In face of these protests, we reduced our ideas about the extent of R-4 zoning, however, there will be some protests even on the area n now propose for R-4 zoning. 17e feel that most of these protests are based on present day conceptions of their land uses. The Commission and Consultants are entertaining a very long range view of this area. If some pattern of recreational development of the beach frontage hatches from the proposal -of the Consultants, in tho years to come, via feel- the property owners would change to a favorable atti- tude toward hotel and apartmont development along the ocean front. Time is nec- essary to shape up this trend. This is about the only area on the Balboa Peninsula to locate a hotel development. To also propose R-4 zoning for the camp grounds on the Bay Front, and the Bay- shore Trailer Camp grounds. This is"solely to cover the trailer camp development already in existance. The City property now occupied by the Balboa Bay Club is zoned R-4 to cover that development now in progress. 6. BALBOA COVES The commercial zoning of several lots fronting on Highway 101 has been a difficult problem to the City Council and Commission for the past several months. • Wo propose a solution to this problem in accordance with a letter just received from the Planning Consultants which we will submit to you under current proeeod- ings. In passing, we wish to say that the Planning Consultants advise against any more commercial zoning along major highways. This advice is based on their obser- vations and experiences in other California cities. 7. ,THE EAST END OF BALBOA ISLAND OR CHAT IS KIMM AS "LITTLE BALBOA MAP," We are proposing a rather radical change inI.zoninr from R-2 to R-1 in this area. A considerable number of protests have been registered against this change. Pressure will be exerted on you against this'chahge. A survey of the land uses in Little Balboa Island shows that most,, of the present development is now R-1. Be- cause of the small lots and narrow streets we feel that the zoning should be R-1 as it now is largely used. Also, any material increase "in population density therein is not conducive to good residential conditions. The density of population over the entire Balboa Island is too heavy. A very narrow bridge connects "Little Balboa Island" with the main Balboa Island. If any catastrophe-0 such as an earthquake or a serious fire near this bridge, should hit this area, evacuation would be mestdifficult and hazardous to.the residents thereon'. From a safety standpoint, we feel that every effort should be made to hold down population density on "Little Balboa Is- land", Wo feel strongly on thin attitude despite the protests that are expoctcd to be filed with you. • The traffic survey made by the Consultants shows a peak-traffic load over the bridge to Balboa Island of 130200 automobiles during a twenty four hour period, and 3.500 automobiles over the little bridge onto "Little Balboa Island." There- foro, the zoning problem hore .is one of safety rather than land values. E . Tim City Council -1,- Juna 160 1950 S. C-2 CRAIM13S Because of the changes in the permissible uses provided in the proposed ordi- nance, re have mado many changes in zoning from C•.2 to C-1. Rather than attempt to enumerate.them all here, roe rotor you 'to th_i accompanying map shaving proposed changes. 9. CHANGES OF E4-1 TO C-2. wo also proposo changin3 the 0-1 zoning to 0-2 coning along Highway 101 south of the Archoo and olorko, th^ orator front in that area. This covers adequately this existing dovolopment. Tho Consultants adviao against the location of heavy manu- facturing plants facing major highways. 10. OFF-STREET PARKUS Tho City Council and the Commission currently havo been exploring the parking problem in the business sections. The Consultants have included provisions in the proposed ordinance which we feel should enable us adequately* to meet this problem. P.'o• would appreciate it if you could give these proposed provisions careful study to • ascertain if thoy coincido with your ideas. in conclusion, we wish to assure you that = desire to be at your command for our bast help in your study of this project. Also, ra wish to express our thanks and appreciation to the City Council for making available the services of Hahn-Campbell and Associates. The guidance and planning instruction they have given us has been most helpful. Sincoroly years, PLANNING CONIISSION CITY OF NEWTCRT SUCH Walter V. Longmoor, Chairma>A Ray Y. Copelin, Secretary gJ , Y • PROPOSED 'BONING ORDINANCE CITY OF NEWPORT BEACH CALIFORNIA Approved By: NEwPORT BEACH PLANNING COMMISSION June 15, 1950 Hahh, Campbell and Associates — Planning Consultants REVISED TENTATIVE ZONING ORDINANCE • CITY OF NEWPORT BEACH, CALIFORNIA June - 1250 SECTION 1. PURPOSE 1.0 The purpose of this Ordinance is to promote the growth of the City of Newport Basch, 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. 1.1 The yoning or Districting Plan effectuated by this Ordinance is a part of the Master Plan and consists of the establishment of various districts including all the terri- tory 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. 1.2 No building or structure shall be erected, reconstructed or structurally altered in any manner$ nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this Ordinance and all other Ordinances$ laws and maps referred to therein. SECTION 2. DISTRICTS 2.0 The several genera1 districts established are as follows e • Agricultural-Residential District or R-A District Single Family Residential District or R 1 District Duplex Residential District or R-2 District Restricted Multiple Family Residential District or R-3 District Multiple Residential District or R-4 District Light Commercial District or C 1 District General Comaercial District or C-2 District Manufacturing District or DI-1 District Unclassified or U District 2.1 In addition to the general districts est ished above, the following special districts are established which when combined with the bove general districts establish additional special regulations o Combining or 'o-B" Districts Combining or a-H" Districts 2.2 The designations$ locations and boundaries of the districts established are delineated upon the maps entitled "Districting Map for the City of Newport Beach$ California" dated , which maps and all notations and information thereon are hereby made a part of this Ordinance by reference. Said Districting Map to consist of a series of maps numbered 1 to _ inclusive, consisting of _` maps, a-e attached hereto. SECTION 3. RMULATIONS • 3.0 Agriculture-Residential or R-A District Tho following regulations shall apply in all H-A Districts and shall be subject to the provisions of Section 5. -1- 3.01 Uses Permitted - (a) Single Family Dwellings • (b) Light farming, except commercial dairies, commercial kennels, commer— cial rabbit, fox, goat or hog farms, or commercial chicken or poultry ranches. (a) Accessory uses normally incidental to a single family dwelling or light farming. This is not to be construed as permitting any commer— cial use. (d) One sign, not over six (6) square feet in area and unlighted, pertain— ing only to the sale, lease or rental of the property upon which the sign is to be located. 3.02 Building Height Limits (a) Maximum of thirty—five (35) feet. 3.03 Building Site Area and Lot Width Required - (a) Minimum of six thousand (6000) square feet and a minimum width of sixty (60) feet. In no case shallthere be more than one (1) single family dwelling on any one (1) building site. 3.04 Percentage of Building Site Coverage Permitted- (a) For aggregate building coverage, maximum of forty (40) percent of building site area. 3.05 Yards and Open Spaces Required s • (a) Front yards- minimum twenty (20) feet except as may be otherwise indicated on the Districting Maps. (b) Side yardss ten (10) percent of lot width with a minimum of three (3) feet and a maximum of six (6) feet, provided that the side yard on the rear one—half (1/2) of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existent on the adjacent reversed frontage. (c) Rear yards: twenty percent of lot depth with a minimum of fifteen (15) feet and a maximum of twenty—five (25) feet. (d) others accessory buildings used for the keeping of chickens or other poultry or rabbits or other animals shall be not less than sixty (60) feet from the front property line nor less than twenty (20) fee: from any side or rear property line. 3.1 Single Family or R-1 District The following regulations shall apply in all R-1 Districts and shall be subject to the provisions of Section 5. 3.11 Uses Permitted- (a) Single Family dwellings (.b) One accessory building only if constructed simultaneously with or subsequent to the main building on the same lot. • (c) Accessory uses normally incidental to single family dwellings. This is not to be construed as permitting commercial uses. (d) One sign, not over six (6) square feet in area, and pertaining only to the sale, lease or rental of the property upon which the sign is to be located. —2— a 3.12 Building Height Limit - (a) For dwellings — maximum two stories but not exceeding thirty—five (35) feet. • (b) For accessory buildings — maximum fifteen (15) feet. 3.13 Building Site Area and Lot width Required - (a) For each dwelling — minimum of four thousand (4000) square feet and minimum width of forty (40) feet on interior lots; minimum of five thousand (5000) square feet and minimum width of fifty (50) feet on corner lots. In no case shall there be more than one (1) single family dwelling on any one (1) building site. '(See Section 5.3 for exceptions). 3.14 Building Site Coverage Permitted- (a) Full coverage, less required front, side and rear yards. (Except in combining or 11—B1t Districts, See Section 4.1). 3,15 Yards Required - (a) Front yards- minimum required twenty (20) feet and maximum permitted, thirty—five 05) feet, except as may be otherwise indicated on the Districting daps. Distances shown on Districting Maps are to be measured from front lot line. (b) Side yards- ten (10) percent of lot width with a minimum requirement of three (3) feet and maximum of six (6) feet provided that the side . yard on the rear one—half (1/2) of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (c) Rear yards- minimum requirement of ten (10) feet. (Maere alleys exist, see Section 5.4 (d) ). 3.2 Duplex Residential or R-2 District The following regulations shall apply in all R-2 Districts and shall be sub— ject to the provisions of Section 5. 3.21 Uses Permitted- (a) Single Family Dwellings (b) Two detached single family dwellings or one duplex 3.22 Building Height Limit - (a) For dwellings — maximum two stories but not exceeding thirty—five (35) feet. (b) For accessory buildings, maximum fifteen (15) feet. 3.23 Building Site Area and Lot width Required - (a) For each two (2) dwellings or one duplex — minimum of four thousani (4000) square feet and minimum width of forty (40) feet on interior . lots; minimum of five thousand (5000) square feet and minimum Trldth of fifty (50) feet on corner lots. In no case shall there be more than two (2) single family dwellings or one duplex on any one (1) building site. (See Section 5.3 for exceptions). —3— e 3.24 Building Site Coverage Permitted (a) For aggregate building coverage — full coverage, less required front, • sides, and rear yards. (Except in Combining or "—B" districts9 see Section 4,1). 3=125 Yards Required (a) Front yards. minimum required twenty (20) feet9and maximum permitted thirty—five (35) feet, except as may be otherwise indicated on the Districting Maps Distances shown on Districting Maps are to be measured from front lot liner (b) Side yards. ten (10) percent of lot width with a minimum requirement of three (3) feet and maximum of six (6) feet provided that the side yard on the rear one—half (1/2) of the street side of a corner lot, where there is reversed frontage., shall not be less than the front yard required or existing on the adjacent reversed frontage. (c) Rear yards. minimum requirement of ten (10) feet. (Where alleys exist, see Section 5.4 (d) ). (d) Between detached buildings. minimum ten (10) feet. 3.3 Restricted Multiple Family Residential or R-3 District The following regulations shall apply in all R-3 Districts and shall be subject to the provisions of Section 5-. 3.31 Uses Permitted . (a) Single Family Dwellings • (b) Not more than three detached single family dwellings, one triplex, or one duplex. (c) Signs not over twelve (12) square feet in area and attached to the main building. 3.32 Uses permitted9 subject to first securing a Use Permit in each case. (a) Multiple dwellings in excess of three (3) single family units, apartment houses, dwelling groups, and rooming or boarding h6usea. (b) Community centers, social halls, lodges, clubs and rest homes, . subject to first securing a Use Permit in each case. (c) Signs larger than twelve (12) square feet and appurtenant to any use. 3.33 Accessory Uses Permitted . (a) Accessory uses and buildings normally incidental to any of the above. This shall not be construed as permitting any c amnercial use or occupation other than those specifically listed. 3.34 Building Height Limit (a) For main buildings — maximum thirty—five (35) feet. (b) For accessory buildings — maximum fifteen (15) feet. 3.35 Building Site Area Required • (a) For each building or group of buildings — minimum of four thousand (4000) square feet and minimum width of FOR (40) feet on interior lots; minimum of five thousand (5000) square feet and minimum width of fifty (50) feet on corner lots. (b) For each family unit in any building or group of buildings minimum of one thousand (1000) square feet. —4— 3,36 Building Site Coverage Permitted (a) For aggregate building coverage, full coverage9 less required front, side and rear yards. (Except in Combining or "-B" districts, see • Section 1G.1). 3.37 Yards Required . (a) Front yardss minimum required twenty (20) feet, and maximum permitted thirty-five (35) feet, except as may be otherwise indicated on the Districting daps. Distances shown on Districting Maps are to be measured from front lot lines. (b) Side yardsa ten (10) percent of lot width with a minimum requirement of three (3) feet and maximum of six (6) feet provided that the side yard on the rear one-half (1/2) of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (c) Rear yards. minimum of ten (10) feet. (d) Special yards and distances between buildings. (1) Distance between buildings in any dwelling group - minimum eight (8) feet. (2) Side yard providing access to single row dwelling group - minimum twelve (12) feet. (3) Inner court providing access to double row dwelling group - minimum twenty (20) feet. 3.4 Multiple Residential or R-4 District • The following regulations shall apply in ail R-4 Districts and shall be subject to the provisions of Section 5. 3.41 Uses Permitted . (a) Single Family Dwellings, and duplexes or triplexes. (b) Multiple dwellings, apartment houses and dwelling groups. (c) Signs not over twelve (12) square feet in area and attached to the main building. 3.42 Uses permitted, subject to first securing a Use Permit in each casea (a) Hotels, motels and rooming or boarding houses, trailer camps. (b) Professional offices. (c) Community centers, social halls, lodges and clubs. (d) Signs larger than twelve (12) square feet and appurtenant to any use. 3.43 Accessory Uses Permitted a (a) Accessory .uses and buildings normally incidental to any of the above. This shall not be construed as permitting any commercial use or occupation other than those specifically listed. 3.44 Building Height Limit . height _ feet provided that the �, • (a) For main buildings thirty five (35) limit may be increased to a maximum of seventy-five (75) feet upon the obtaining of a Use Permit in each case. (b) For accessory buildings - maximum fifteen (15) feet. -5- 3.45 Building Site Area Required (a) Same as specified for R-3 Districts. • 3.46 Building Site Coverage Permitted . (a) Same as specified for R-n3 Districts. 3.47 Yards Required (a) Front, side, rear and special yard requirements, same as specified for R-3 Districts. 3.5 Light Commercial or C-1 District The following regulations shall apply in all C-1 Districts and shall be subject to the provisions of Section 5. 3.51 Uses Permitted . (a) Single family dwellings, duplexes, multiple dwellings, apartment houses, dwelling groups, hotels, motels, boarding houses, profess— ional offices, community centers, social halls, lodges and clubs. (b) Retail stores 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, gasoline service stations, restaurants, antique shops, shoe shops, • studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. (c) Signs appurtenant to any permitted use. 3.52 Uses permitted, subject to first securing a Use Permit in each case. (a) Animal hospitals, auto sales and repair shops, boat sales, marine service stations, cleaning establishments, launderies, launderettes, mortuaries, outdoor markets, outdoor sales establishments, pet shops, public garages, trailer courts, theatres, used car sales lots and other uses which, in the opinion of the Planning Commission are of a abr'iilar nature. (b) Signs, other than those appurtenant to any permitted use, including billboards. 3.53 Building Height Limit a (a) Maximum height any building — thirty—five (35) feet, provided that th height limit may be increased to a maximum of seventy—five (75) fc.et upon the obtaining of a Use Permit in each case. 3.54 Building Site Area Required . (a) For each main building — minimum two thousand (2000) square feet. Minimum building site frontage required twenty—five (25) feet. • 3.55 Yards Required . (a) Front yard — none, except where the frontage in a block is partially in an "R11 District, in which case the front yard shall be the same as required in such "R" District. —6— ,! (b) Side yard — none, 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 three (3) feet, (c) Rear yard — none, except where the rear of a lot abuts on an "Rt9 • District, in which case the rear yard shall be not less than three (3) feet. (d) Rear yard abutting alleys — minimum ten (10) feet. 3.6 General Commercial or 0-2 District The following regulations shall apply in all C-2 Districts and shall be subject to the provisions of Section 5. 3.61 Uses Permitted- (a) Multiple dwellings, apartment houses, dwelling groups, hotels, motels, rooming and boarding homes, professional offices, community centers, social halls and clubs. (b) Wholesale stores and storage within a building, viholesale bakeries. (c) The following uses when conducted within a building or enclosed by a solid board or masonry fence at least six (6) feet in height in each case- Creameries, bottling works, building material yards, contractors yards, feed and fuel yards, including gasoline storage, machine shops, storage of goods and materials and other uses which in the opinion of the Planning Commission are of a similar nature. (d) Signs appurtenant to any permitted use. 3.62 Uses Permitted, subject to first securing a Use Permit in each case - • (a) Lumber yards, light manufacturing, including manufacture and repair of boats, clothing, novelties and toys, and uses which, in the opinion of the Planning Commission are of similar nature. (b) Single family dwellings, duplexes, and trailer courts. (c) Signs, other than those appurtenant to any permitted use. 3.63 Building Height Limit - (a) Maximum height of any building — fifty (50) feet, provided that additional height may be permitted if a Use Permit is first secured in each case. 3,.64 Building Site Area 'Required (a) For each main building — minimum two thousand (2000) square feet. Minimum building site frontage twenty—five (25) feet. 3.65 Yards Required - (a) Front yards — none, except where the frontage in a block is partially in an +fR" District, in which case the front yard shall be the same as required in such S4R9° District. (b) Side yards — none, except where the side of a lot abuts upon the szoe of a lot in an "R" District, in which case the side yard shall be not less than three (3) feet. (c) Rear yards — none, except where the rear of a lot abuts on an "R1° • District, in which case the rear yard shall be not less than three (3) feet. (d) hear Yard abutting on alleys — Minimum ten (10) feet. —7— 3.7 Manufacturing or M 1 District The following regulations shall apply in all 14--1 Districts and shall be subject • to the provisions of Section 5. 3.71 Uses Permitted- (a) Retail and wholesale stores or storage, including storage of cement and lime incidental to a retail or wholesale business, service estab— lishments, light industrial and manufacturing uses and any other uses which, in the opinion of the Planning Commission are of similar nature, but under the same limitations and restrictions specified in sections governing same. (b) Signs appurtenant to any permitted use. 3.72 Uses Permitted, subject to first securing a Use Permit in each cases (a) All uses permitted in any "R" District. (b) Fish smoking, curing or freezing. (c) Signs, other than those appurtenant to any permitted use, including billboards. 3.73 Uses Prohinited s (a) Industrial or manufacturing uses, which in the opinion of the Planning Commission may be objectionable by reason of production of offensive odor, dust, noise, bright light, vibration, or involving the storage or handling of explosives or dangerous materials, including all the . uses listed hereunder- Auto wrecking, fish canneries and/or reduction grinding and processingas.' plants9 drilling for and/or removal of oil, gas, or other oVdrocarbon materials; distillation of bones; dumping, disposal, incindration or reduction of garbage, sewage, offal, dead animals or refuse, fat rendering; manufacture or storage of acid, cement, explosives, or fireworks, fertilizer, glue, gypsum, lime, plaster of paris or asphalt, stockyard or slaughter of animals, refin— ing of petroleum or its products, smelting of iron, tin, zinc, or other ores; junk yards, hog raising, bag manufacturing 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 c similar nature. 3.74 Building Height Limits (a) Maximum height of any building — Fifty (50) feet provided that addit— ional height may be permitted if a Use Permit is first secured. 3.75 Yards Required s (a) Front yards — none, except where the frontage in a block is partial in an "R91 District, in which case the front yard shall be the same as required in such 11R" District. (b) Side yards — none, 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 five (5) feet. (c) Rear yards — none, except where the rear of a lot abuts on an "Rf° District, in which case the rear yard shall be not less than three (3) feet. (d) Rear yards abutting an alley — minimum ten (10) feet. m8m 3.8 Unclassified or U District The following regulations shall apply in all Unclassified or U Districts and shall be subject to the provisions of section 5. ("U" District shall include all of • the incorporated area within the City not shown on the District Maps as being zoned or classified into any other district or zone.) 3.81 Uses Permitted- (a) All uses not otherwise prohibited by law, provided that a Use Permit shall first be secured for any use to be established in any "II" District. 3.82 Other Regulations: (a) Building height limits, building site area required and yards required shall be as specified in the Use Permit. 4.0 Combining or "-B" and "-H" Districts Regulations 4.1 Combining or "-B" District The following regulations shall apply in lieu of building site area, yard and lot width requirements in the respective R 1, R-2, R-3 or R-4 Districts where such Districts are combined with the "-BtP District and shall be subject to the provisions of Section 5. 4.11 R 1-B District - Building Site Area, Lot Width, and Rear Yard required- (a),For each dwelling - minimum of six thousand (6000) square feet and . ` minimum width of sixty (60) feet. In no case shall there be more than one (1) single family dwelling on any one (1) building site. (b) Rear yards - Twenty (20) percent of lot depth with a minimum require- ment of fifteen (15) feet and a maximum of twenty-five (25) feet. (c) Building Site Coverage Permitted- For aggregate building coverage - maximum forty (40) percent of building site area. 4.12 R-2-B District - Building Site Area and Lot Width Requireda (a) For each dwelling or duplex - minimum of six thousand (6000) square feet and minimum width of sixty (60) feet. In no case shall them be more than one (1) single family dwelling or duplex on any one (1) building site. (b) Rear yards - Twenty (20) percent of lot depth with a minimum require- ment of fifteen (15) feet and a maximum of twenty five (25) feet. (c) Building Site Coverage Permitted- For aggregate building coverage - maximum fifty (50) percent of lot area. 4.13 R-3-B District - Building Site Area and Lot Width Requireda (a) For each building or group of buildings - minimum of six thousand (6000) square feet and minimum width of sixty (60) feet and for each family unit in any building or group of buildings minimum of fifteen hundred (1500) square feet of building site area. (b) Rear yards - minimum of ten (10) feet. (c) Building Site Coverage Permitted - For aggregate building coverage - • maximum of seventy-five (75) percent. —9— 4.14 R-4-B District - Building Site Area and Lot Width Required - (a) For each building or group of buildings - minimum of six thousand (6000) square feet and minimum width of sixty (60) feet and for • each family unit in any building or group of buildings minimum of twelve hundred and fifty (1250) square feet of building site area. (b) Rear yards - ini.nimum of ten (10) feet. (c) Building Site Coverage Permitted- Same as specified for R-3 District. 4.2 Combining or "-H" District The following regulations shall apply in all C--1. C-2 or M Districts with which are combined "H" Districts, in addition to the regulation hereinbefore specified therefor, and shall be subject to the provisions of Section 5 of this Ordinance; provided, however, that if any of the regulations specified in this section differ from any of the corresponding regulations specified in this Ordinance for any district with which is combined an "-H" District, then in such case the provisions of this section shall govern - 4.21 Uses Permitted - All uses permitted in the respective districts with which the "-H" District is combined, subject to approval of design of building and design and location of parking lot, provided however as follows - (a) Off-street parking on the building site shall be required in all dist- ricts, which the 114111 district is combined, according to the fo: owning formula - (1) Retail Stores, 1 parking space for each 200 sq. ft. and 1 loading space for each 109000 sq. ft. of store floor area. • (2) Office buildings, 1 parking space for each 500 sq. ft. of floor area. (3) Wholesale and industry, 1 parking space .for each 5 employees and 1 loading space for each 109000 sq. ft. lof floor area. (4) Restaurants, 1 parking space for each 4 seats. (5) Public Assembly, 1 parking space for each 10 seats. (6) Theatres, 1 parking space for each 10 seats. (7) Hotels, 1 parking space for each 1,000 sq. ft. of floor area. (8) Hospitals, 1 parking space for each 1,000 sq. ft. of floor area, and in addition 1 parking space for each 3 resident and non- resident doctors. (9) Clinics, 1 parking space for each 500 sq. ft. of floor area, plus 1 additional space for each doctor. (b) The Planning Commission on petition of the property owner may waive or reduce off street parking required by the terms of this section under the following conditions - (1) When the proposed use is within 200 feet of a municipal off-street parking lot deemed sufficient by the Planning Commission to meet the maximum requirements of the area. (2) When the off-street parking requirement causes unnecessary hardship because of the size or shape of lots in single ownership and of record on the effective date of this Ordinance. 4.22 Building Location - In case no building line is established by the Street and Highway Plan of the Waster Plan of the City or by the provisions of this Ordinance for the street on which any building will front, in any district with which an "-H" distrdct 'is combined, no such building shall be erected, constructed, moved or structurally altered, so that the same shall be closer to the line of such street than a distance to provide adequate space for the traffic move- ments 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 Section 5.6 this Ordinance. SIDTION 5. GENh7= PROVISIONS AND EXCEPTIONS The regulations specified for this Ordinance shall be subject to the following general provisions and exceptions • 5.1 Uses (a) No circus, carnival, amusement park, fun zone, open air theatre, race track., private recreation centers, or other similar establishments, shall be estab— lished in any District unless and until a Use Permit is first secured for the establishment, maintenance and operation of such use. (b) No dance hall, road house, night club, commercial club, or any establishment where liquor is served, or commercial place of amusement or recreation or any such place or any other place where entertainers are provided, whether as social companions or otherwise, shall be established in any District, closer than two hundred (200) feet to the boundary of any dwelling District, unless a Use Permit shall first havq been secured for the establishments maintenance and operation of such use. (c) Accessory uses and buildings in any C or M District are permitted 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. (d) Accessory uses normally a part of any use permitted in any "R" District may be permitted. This shall not be construed as permitting any commercial use in any "R" District unless such is specified in the regulations for the District, nor this shall not be deemed to allow the manufacturing of process— ing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any business, trade or indus— try or the conduct of any retail or wholesale business. • (e) Public or no fee private parking lots for automobiles may be permitted in any "R" District adjacent to any "Coo or "M" District, subject to first secur— ing a Use Permit in each case. (f) Churches, schools, hospitals, parks and playgrounds, yacht clubs, cemetaries (Minimum area twenty (20) acres), mausoleums, crematories, public utility, and public and quasi—public buildings, may be permitted in any district, subject to first securing a Use Permit in each case. (g) The removal of earth and other natural materials, may be permitted in any District, subject to first securing a Use Permit in each case. (No permit required for normal grading or landscaping on lots of record). (h) Temporary tract or real estate offices for sales in subdivisions may be permitted, subject to first securing a Use Permit in each case. (i) Temporary signs for the advertising of a subdivision may be permitted, subject to first securing a Use Permit in each case. 5.2 Height Limits. (a) Chimneys, cupolas, flag poles, monuments, radio and other towers, water tanks, and similar structures and mechanical appurtenances may be permii:ad in excess of height limits, subject to first securing a Use Permit in e6ch case. (b) No fence, hedge or screen planting of any kind shall hereinafter be construc— ted or grown to exceed six (6) feet in height, within any required side yard to the rear of the front line of any dwelling or along any rear property line nor to exceed three (3) feet in height along the property line to the • front of any dwelling or within fifteen (15) feet of the street corner on any corner lot. _l�,® 1 " 5.3 Building Site Arsa s (a) Any lot or parcel of land under one o,mership and of record on August 29 • 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, 5.4 Yardss (a) Architectural features such as cornicess eaves and canopies may extend not exceeding two and one-half (2-1/2) feet into any required front yard, (b) None of the above mentioned architectural features may encroach within two (2) feet of any side lot line, (c) open uncovered porches, landing places, may project not exceeding six (6) feet into any required front yard, (d) Whenever an official Plan Line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this ordinance be construed as permitting any encroachment upon any official Plan Line, (e) In areas having alleys to the rear of lots, rear yard requirements may be measured from the center line of such alley, (f) In case an accessory building is attached to the main building, it shall be made structurally a part of and have a commonvrall with the main building and shall comply in all respects with the requirements of this ordinance applic- able to the main building, Unless so attached an accessory building in an "RII District shall be located on the rear one-half (1/2) of the lot and at least six (6) feet from any dwelling building existing or under construction on the same lot or any adjacent lot, 'Saiq detached accessory building may be built to within one (1) foot of one of ,the side lot lines. Such accessory building shall not be located within five (5) feet of any alley or within five (5) feet of the side line of any alley or within five (5) feet of the • side line of the front one-half (1/2) of any adjacent lot or in the cage of a corner lot to project beyond the front yard required or existing on the adjacent lot. In the case of a lot abutting on two or more streets, no building shall be erected closer to the property line than the front yard setback established on either street. In the case of subdivisions where the rear of lots normally border streets- and the front of the lots face a. common walkway, the main structure and/or accessory buildings may be constructed within five (5) feet of the rear property line, 5,5 Automobile Storage or Parking Space s Accessible storage or parking space for the parking of autonobil^; n::'i V street shall be provided in any vRn District as follows (a) Not less than one (1) garage space for each single family dwelling, (b) Not less than one (1) garage space for each family unit in any duplexs multiple dwelling, dwelling group or apartment, (c) Not less than one (1) garage space for each two (2) guest rooms in + „ rooming house, (d) Not less than one (1) parking space for each four (4) guest rooms in hotel, (e) Parking space required for other uses allowed in any "Rr' District o uc, set forth above shall be determined by the Planning Gommission npd : ; forth as a condition to the granting of the Use Permit for such us • 5,6 Architectural Control a (a) In case an application is made for a permit for any building or structiu s in any °C" or HM° Districts said application shall be accompanied by arch- itectural drawings or sketches and plot plans all to a workable scale9 showing the elevations 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_, roles, • etc. Such drawings 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 neighborhoo:z and such as not to be detrimental to the orderly and harmonious development, of the City or to impair the desirability of investment or occupation in the neighborhood. (b) The Planning Commission may appoint an Architectural Committee of three members, who may be employees in the following departments of the City of Newport Beachs Building Inspection and City Engineer. (c) The Architectural Committee shall have authority to approve architectural sketches within the meaning of Section 5.6 of this Ordinance., 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 Zoning Ordinance No. of the City of Newport Beach"s shall be approved by the Planning Commiss- ion and the City Council, and shall be on file in the City Building Inspector's Office. Said drawings shall show desirable architectural standards but are not designs which must be copied in order to secure approval of plans. (d) In case the applicant is not satisfied with the decision of the Architec- tural Committee, he may within thirty (30) days after such action appeal in writing to the Planning Commission. The Architectural Commi tee, may if it deems it advisable, refer any application for architectui .l approval to the Planning Commission for its decision. (e) In case the applicant is not satisfied with the action of the Planning Commission, he may within thirty (30) days appeal in writing to the City • Council, and said Council shall render its decision within thirty (30) days after the filing of such appeal. (f) No permit shall be issued in any case hereinabove mentioned until such drawings and sketches have been approved by the Planning Commission o: by the City Council in the event of appeal from the Planning Commissions and all buildings, structures and grounds shall be in accordance with the drawings and sketches. 5.7 Non-Conforming Uses s (a) The lawful use of land existing at the time of the adoption of this Ordin- ance, although such use does not conform to the regulations herein speci- fied for the district in which such land is located, may be continued, provided that no such use shall be enlarged or increased, nor be exteno:d to occupy a greater area than that occupied by such use at the time of the adoption of this Ordinance, and that if any such use cease:- the subsequent use of such land shall be in conformity to the regulations specified by this Ordinances for the district in which such land is located. (b) The lawful use of building existing at the time of the adoption of this Ordinance may be continued, although such use doesnot conform to the regulations specified for the district in which such building is located. (c) The non-conforming use of a portion of a building may be extended through- out the building provided that in each case a Use Permit shall first be obtained. . (d) The non-conforming use of a building may be changed to a use of the same or more restricted nature provided that in each case a Use Permit shall first be obtained. (e) If the non-conforming use of a building ceases for a continuous period of six (6) months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the District in which it is located. (f) A non-conforming building damaged or destroyed by fire, a.:plosion, earth- quake, or other act to an extent of more than ninety (90) percent of its appraised value at the time of the damage, as fixed by the General Appra- -isal Company of Los Angeles, California, or other equally responsible • firm, or to an extent of 100% of the appraised value thereof according to the assessment by the Assessor for the fiscal year during which such destruction occurs, may be restored only if a Use Permit is first obtained in each case. (g) Ordinary maintenance and repairs may be made to any non-conforming build- ing providing no structural alterations are made and providing that such work does not exceed fifteen (15) percent of the appraised value in any one (1) year period. Other repairs or alterations may be permitted provided that a Use Permit shall first be secured in each case. (h) Nothing contained in this Ordinance shall be deemed to require any change in the plans, construction or designated use of any building for which a building permit has properly been issued, in accordance with the provis- ions of ordinances then effective, and upon which actual construction has been started prior to the effective date of this Ordinance, provided that in all such cases actual construction shall be deligently carried on until completion of the building. SECTION 6. PERMITS, VARIANCES AND AMENDMENTS 6.1 Zoning Permits 6,11 Zoning Permits shall be required for all buildings and structures herein- after erected, constructed, altered, repaired, or moved within or into any district estab- lished by this Ordinance, 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 Ordinance. Such pormit may . be a part of the building permit and shall be issued by the Building Inspector prior to any construction. 6.2 Use Permits Use permits, revocable, conditional or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this Ordinance. 6.21 Application. (a) Application for Use Permit shall be made to the Planning Commis,.i in writing on a form prescribed by the Commission and shall be G4�4m4 panied by plans and elevations necessary to show the detail of to proposed use or building. Such application shall be accompani. a fee of five dollars ($G5.00). 6.22 Public Hearings (a) No public hearing need be held thereon, provided that the Plannin;, Commission may hold any hearings, as it deems necessary. (b) In case a public hearing is deemed necessary, a notice of such hi:ar7r.J, shall be posted on the property involved or adjacent thereto at Ds'asC ten (10) days prior to such hearing. • 6.23 Action by Commission a (a) In order to grant any Use Permit the findings of the Planning Coinniss- ion shall be 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 -14- neighborhood of such proposed use or be detrimental or injurious to prop— ecty and improvements in the neighborhood or to the general welfare of the City. (b) The Planning Commission may designate such conditions in connection with the . Use Permit, as it deems necessary to secure the purposes of this Ordinance and may require such guarantees and evidence that such conditions are being or will be complied with. in cases where the Use Permit is refused„ the Planning Commission shall state its reasons for such refusal. Use Permits shall not become effective for 15 days after being granted, and in the event appeal is filed said Permit shall not become effective until a decision is made by the City Council on such appeal. 6.24 Appeal: (a) In case the applicant or any other person, firm, or corporation is not, satis— fied with the action of the Planning Commission, he may within fifteen (15) days appeal in writing to the City Council. (b) The City Council shall set date for public hearing and shall post notice as set forth in Section 6.22 (b). Notice shall also be given to the Planning Commission of such appeal and the Planning Commission shall submit a report to the City Council setting forth the reasons for action taken by the Commission, or shall be represented at the hearing. (c) The City Council shall render its decision within sixty (60) days after the filing of such appeal. 6.25 Effect: No building or zoning permit shall be issued in any case where a Use Permit is required by the terms of this Ordinance unless and until such Use Permit has been granted by the Planning Commission or in the event of appeal by the City Council and then only in accord— ance with the terms and conditions of the Use Permit granted. 6.3 Variance and Appeals- 17here practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this Ordinance may result from the strict application of certain provis- ions thereof, variance may be granted as provided in this Section. 6.31 Application- (a) Application for variance shall be made by the property owner in writing on a. form prescribed by the Planning Commission and shall be accompanied by a fee of ten dollars (510.00) and statement, plans and evidence showing- 1. That there are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to is the application;, rdnich circumstances or conditions do not apply generally to lands build® ings, 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 petitioner. 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 said neighborhood. • 6.32 Public Hearing- (a) A public hearing shall be held within forty—five (45) days after filing of application, notice of which shall be given by one (1) publication in a newspaper of general circulation in the City at least seven (7) days —15m prior to such hearing and by posting notice on the property involved, or adjacent thereto, at least seven (7) days prior to such hearing* • 6.33 Action by Commissions (a) After the conclusion of the public hearing, the Planning Commission shall make a written finding of facts showing whether the qualifications under Section 6.31 (a), apply to the land., building or use for which variance is sought and whether such variance shall be in harmony with the general purposes of this Ordinance* Such written finding of facts shall be submitted to the City Council within thirty days (30) after the public hearing and may include recommendations for such conditions as the Planning Commission deems necessary to secure the purpose of this Ordinance. 6.34 Action by City Councils (a) The City Council shall consider the application for variance within thirty (30) days after receipt of the Planning Commission report, and if the City Council finds that the qualifications under Section 6.31 (a)9 apply to the land, building or use for which variance is sought and that such variance is in harmony with the general purposes of this Ordinance, said City Council shallby resolution grant such variance. (b) The City Council may designate such conditions in connection with the variance as it deems necessary to secure the purposes of this Ordinance, and may require such guarantees and evidence that such conditions are being or will be complied with. 6.35 Appeals s Commission shall have the power to hear and decide appeals • (a) The Planning C based on the enforcement or interpretation of the provisions of this Ordinance, (b) In case an applicant is not satisfied with the action of the Planning Commission on his appeal he may within fifteen (15) days appeal in writing to the City Council. (c) Notice shall be given to the Planning Commission of such appeal and a report shall be submitted by the Planning Commission to the City Council setting forth the reasons for action taken by the Commission or shall be represented at the Council meeting. (d) The City Council shall render its decision within thirty (30) days after the filing of such appeal. 6.4 Revocation of Permits or Variancess 6.41 Any zoning permit, use permit, or variance granted in accordance with the terms of this Ordinance shall be revoked if not used within six months from date of approval. 6.42 Any zoning permit, use permit., or variance granted in accordance with the terms of this Ordinance may be revoked if any of the conditions or terms of such permit or variance are violated, or if any law or ordinance is violated in connection therewith. 6.43 The Planning Commission shall hold a hearing on any proposed revocation • after giving written notice to the permittee at least ten (10) days prior to the hearing and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendations of the Planning Commission. -16- 6.5 Amendments s This Ordinance may be amended by changing the boundaries of districts or by changing any other provision thereof -vdienever the public necessity and convenience and . the general welfare require such amendment by following the procedure of this section. 6.51• Initiations (a)• An amendment may be initiated by s 1. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Plann— ing Commission and shall be accompanied by a fee of twenty—five dollars ($25.00), no part of which shall be returnable to the petitioner, or by 2. Resolution of intention of the City Council, or by 3. Resolution of intention by the Planning Commission. 6.52 Public Hearingss (a) The Planning Commission shall hold two (2) public hearings on any pro— posed amendment at least ten (10) days apart, and shall give notice thereof by at least one publication in a newspaper of general circula— tion within the City at least ten (10) days prior to the first of such hearings. (b) In case the proposed amendment consists of a change• of the boundaries of any district so as to reclassify property from any district to any other district, the Planning Commission shall give additional notice of the time and place of such hearings and of the purpose thereof by . posting at least three public notices thereof not less than ten (10) days prior to the date of the first of such hearings along streets upon which the property proposed to be reclassified abuts. Each such notice shall consist of the words 'Notice of Proposed Zoning Change" in letters not less than one (1) inch in height, and in addition thereto, a statement in small letters settinf forth a general descrip— tion of the property involved in the proposed change of district, the time and place at which the public hearings on the proposed change will be held and any other information which the Planning Commission may deem to be necessary. (c) Any failure to post public notices as aforesaid shall not invalidate any proceedings for amendment of this Zoning Ordinance. 6.53 Action by Planning Commissions (a) Following the aforesaid hearings the Planning Commission shall make a report of its findings and recommendations with respect to the pro— posed amendment and shall file with the City Council an attested copy of such report within ninety (90) days after the notice of the first of said hearings; provided that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceed— ings. Failure of the Planning Commission so to report within ninety (90) days without the aforesaid agreement shall be deemed to be approval of the proposed amendment by the Planning Commission. 6.54 Action by City Councils • (a) Upon receipt of such report from the Planning Commission or upon the expiration of such ninety (90)days as aforesaid, the City Council shall set the matter for public hearing after notice thereof of the proposed amendment, be given as provided by law. After the conclusion of such hearing, the City Council may adopt the amendment or any part thereof —17® i .• set forth in the petition in such form as said Council may deem to be advisable. The Council may refer the recommendation of the Planning Commission back to that body for further study and recommendation. • (b) The decision of the City Council shall be rendered within sixty (60) days after the receipt of a report and recommendations from the Planning Commission or after the expiration of ninety (90) days as stated in paragraph (a) of Section 6.54. SECTION 7. DEFINITIONS 7.1 For the purpose of this Ordinance., certain terms used herein are defined as follows 7.11 11AY.LEY1t Any public thoroughfare which affords only a secondary means .of access to abutting property. 7.12 1fAUTOMOBILE COURT" A group of 2 or more detached or semi—detached buildings containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therewith which group is designed and used primarily for the accommodation of transient automobile travelers. 7.13 "BOARDING HOUSE" A dwelling other than a hotel where lodging or lodging and meals for three (3) or more persons is provided for compensation. 7.14 "BUILDING" Any structure having a roof supported by columns or by walls and designed for the shelter or housing of any personp animal or chattel. • 7.15 11BUMDING9 ACCESSORY" A subordinate building, the use of which is incidental to that of the main building on the same lot and/or building site. 7.16 "BUILDING, MAIN" A building in which is conducted the principal use of the lot and/or building site on which it is situated. 7.17 "BUILDING 'SITE" A lot or parcel of landp in single or joint ownershipp and occupied or to be occupied by a main building and accessory buildingsp or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this Ordinance and having its principal frontage on a street, road, highway or waterway. 7.18 "BUSINESS, RETAIL" The retail sale of any article, substancep 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. 7.19 "BUSINESS., WHOLESALE" The wholesale handling of any articlep substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity and not including the processing or manufacture of any product or substance. 7.20 "COMBINING DISTRICT" Any district in which the general district regulations are combined with 11—B" or 11—W? for the purpose of adding additional • special regulations, i.e. t1R 111 combined with 11—B" (R 1—B) increases the area and yard requirements. t10-111 combined with 11—H" (C-1 H) adds the additional requirement of off—street parking. 18— 7.21 "DISTRICT" 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 Ordinanceo • 7.22 "DWELLING, 'ONE SINGLE FAMILY" A building containing only one kitchen,, designed for or used to house not more than one family., including all necessary employees of such family. 7.23 "DWELLING., TWO FAMILY OR DUPLEX" A building containing not more than two kitchens., designed and/or used to house not more than two families., living independently of each other, including all necessary employees of each such family. 7.24 "DWELLING, MULTIPLE" A building or portion thereof used and designed as a residence for 3 or more families living independently of each other, and doing their own cooking in said building., including apartment houses, apartment hotels and flats, but not including automobile courtso 7.25 11DWEGLING GROUPS" A group of 2 or more detached or semi-detached, 1-family, 2-family, or multiple dwellings occupying a parcel of land, in one owner- ship and having any yard or court in common, but not including automobile courtso 7.26 "FAMILY11 One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants. • 7.27 "GARAGE SPACE" An accessible and usable covered space of not less than eight (8) feet by twenty (20) feet for the parking of automobiles off the street, such space to be so located on the lot so as to meet the require- ments of this Ordinance for an accessory building. 7.28 "HEIGHT OF BUILDIMS" The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof. 7.29 "HOTEL" Any building or portion thereof containing 6 or more guest rooms used, designed or intended to be used., let., or hired out to be occupied or which are occupied by 6 or more individuals for compensation whether the compensation for hire be paid directly or indirectly. 7.30 f?JUNK YARD" The use of more than 100 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. 7.31 "NON-CONFORMING USE" A use that does not conform to the regulations for the district in which it is situated. 7o32 "PARKING SPACE" An accessible and usable space on the building site a� le:; eight (8) feet by twenty (20) feet located off the street with access for the parking of automobiles. • 7a33 "'REVERSED FRONTAGE" A key lot or the first lot to the rear of a corner lot, the front line of which is a the of the side line of the corner lot and fronting on the street which intercepts the street upon which the corner lot fronts and/or which faces the street upon which the side of a corner lot abuts. —19— 7.34 "ROOMING OR BOARDING HOUSE" A dwelling other than a hotel where lodging and/or meals for three or more persons are provided for compensation. 7.35 "STREET" A public or private thoroughfare which affords principal means of • access to abutting property., including avenue, place., way., drive., lane, boulevard, highway., road., and any other thoroughfare except an alley as defined herein. 7.36 "STREET LINE" The boundary between a street and property. 7.37 "STRUCTURE" Amything constructed or erected., the use of which required loca- tion on the ground or attachment to something having location on the ground. 7.38 "STRUCTURAL ALTERATIONS" Any change in the supporting members of a building., such as bearing walls columns, beams or girders. 7.39 "TRAILER COURT" Land or premises used or intended to be used., let or rented for occupancy by or of trailers or movable dwellings, rooms or sleeping quarters of any kind. 7.40 "USE1t The purpose for which land or premises of a building thereon is de- signed, arranged, or intended or for which it is or may be occupied or maintained. 7.41 "USE-ACCESSORY" A use incidental and accessory to the principal use of a lot or a building located on the same lot. 7.42 "YARD" 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 in Section 5.4. 7.43 "YARD FRONT" A yard extending across the front of the lot between the inner side yard lines and measured from the front line of the lot to the nearest line of the building; provided that if any building line or Official Plan Line has been established for the street upon which the'lot faces, then such measurement shall be taken from such Building Line or Official Plan Line to the nearest line of the building. 7.44 "YARD-REAR" A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. 7.45 "YARD-SIDE" A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard. SECTION 8. INTERPRETATION 8.5. When interpreting and applying the provisions of this Ordinance., they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except as specifically herein provided, it is not intended by the adoption of this Ordinance to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or Ordinance, or any rules, regula- tions or permits previously adopted or issued, or which shall be adopted or issued pursuant he erection construction establishment, moving, alteration or to law relating to t , , enlargement., of any legal building or improvement; nor is it intended by this Ordinance to . interfere with or abrogate or annul any easement., covenant or other agreement between parties; provided, however, that in case in which this Ordinance imposes a greater restric- tion upon the erection, construction, establishment., moving, alteration or enlargement of legal buildings or the use of any such building or premises in said several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants or agreements, then in such case the provisions of this Ordinance shall control. -20- SECTION 9. ENFCRCMMHT, PENALTIES AIM LEGAL PROCEDURE' 9.1 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 Ordinance., and shall issue no permit or, license for uses, buildings9 or purposes in conflict with the provisions of this Ordinance; and any such permit or license issued in conflict with the provisions of this Ordinance shall be null and void. It shall be the duty of the Building Inspector of the City to enforce the pro— visions of this Ordinance pertaining to the creation., construction, reconstruction., moving., conversion, alteration or addition to any building or structure. 9.2 Any person9 firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this Ordin— ance., shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of mot more than $300.00 or by imprisonment in the County Jail of the County of Orange for a term not exceeding 150 days or by both such fine and imprisonment. $uch person9 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 Ordinance is committed or continued by such person9 firm or corporation and shall be punishable as herein provided. 9.3 Any building or structure set up, erected., constructed., altered, enlarged., con— verted., moved., or maintained contrary to the provisions of this Ordinance., and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this Ordinance, shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney of said City 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 Ordinance. 9.4 The remedies provided for herein shall be cumulative and not exclusive. SECTION 10, REPEAL.ING 10.1 Ordinance No. 525 is hereby repealed and all other ordinances and parts of ordinances of said City in conflict with this Ordinance, to the extent of such conflict and no further., are hereby repealed provided that nothing herein contained shall be deemed to repeal or amend any ordinance of said City requiring a permit or license or both to cover any business trade or occupation. SECTION 11. VALIDITY 11.1 If any section, subsection., sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections., subsections, sentences, clauses or phrases be declared invalid. SECTION 12. REFERENCE 12.1 This Ordinance shall be (mown and cited as the Zoning Ordinance of the City of • NE49PORT BEACH. Reference to section numbers herein are to the sections of this Ordinance. —21— PROPOSED ZONING ORDINANCE CITY OF NEtirPORT BEACH CALIFORNIA Approved bys NEWPORT BEACH PLANNING 0012AISSION November - 1950 Hahn, Campbell and Associates - Planning Consultants REVISED TENTATIVE ZONING ORDINANCE CITY OF NEWPORT BEACH? CALIFORNIA June - 195G SECTION 1. PURPOSE 1.0 The purpose of this Ordinance 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. 1.1 The Zoning or Districting Plan effectuated by this Ordinance is a part of the Master Plan and consists of the establishment of various districts including all the terri- tory 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. 1.2 No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this Ordinance and all other Ordinances, laws and maps referred to therein. SECTION 2. DISTRICTS 2.0 The several general districts established are as follows a Agricultural-Residential District or R-A District Single Family Residential District or R-1 District Duplex Residential District or R-2 District Restricted Multiple Family Residential District or R 3 District Multiple Residential District or R-4 District Light Commercial District or C 1 District General Commercial District or C-2 District 4 Manufacturing District or M 1 District Unclassified or U District 2.1 In addition to the general districts established above, the following special districts are established which when combined with the above general districts egtablish additional special regulations Combining or "-B" Districts Combining or 11-H" Districts 2.2 The designations, locations and boundaries of the districts established are delineated upon the maps entitled "Districting Map for the City of Newport Beach, California" dated , which maps and all notations and information thereon are hereby made a part of this Ordinance by reference. Said Districting Map to consist of a series of maps numbered 1 to inclusive, consisting of maps, are attached hereto. SECTION 3. IMULATIO14S 3.0 Agriculture-Residential or R-A District The following regulations shall apply in all R-A Districts and shall be subject to the provisions of Section 5. 3.01 Uses Permit# (a) Single Family Dwellings (b) Light farming, except commercial dairies, commercial kennels, commer— cial rabbit, fox, goat or hog farms, or commercial chicken or 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) One sign, not over six (6) square feet in area and unlighted, pertaining only to the sale, lease or rental of the property upon which the sign is to be located. 3.02 Building Height Limit - (a) Maximum of thirty—five (35) feet. 3.03 Building Site ,Area and Pot Width 'Required - (a) Minimum of six thousand (6000) square feet and a minimum width of sixty (60) feet. In no case shall there be more than one (1) single family dwelling on any one (1) building site. 3.04 Percentage of Building Site Coverage Permitted - (a) For aggregate building coverage, maximum of forty (40) percent of building site area. 3.05 Yards and open Spaces Required - (a) Front yards- minimum twenty (20) feet except as may be otherwise indicated on the Districting Maps. (b) Side yards- ten (10) percent of lot width with a minimum of three (3) feet and a maximum of six (6) feet, provided that the side yard on the rear one— half (1/2) of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existent on the adjacent reversed frontage. (c) Rear yards- twenty percent of lot depth with a minimum of fifteen (15) feet and a maximum of twenty—five (25) feet. (d) Other- accessory buildings used for the keeping of chickens or other poultry or rabbits or other animals shall be not less than sixty (60) feet from the front property line nor less than twenty (20) feet from any side or rear property line. 3.1 Single Family or R-1 District The following regulations shall apply in all R 1 Districts and shall be subject to the provisions of Section 5. 3.11 Uses Permitted - (a) Single Family dwellings. (b) One accessory building only if constructed simultaneously with or subse— quent to the main building on the same lot. (c) Accessory uses normally incidental to single family dwellings. This is not to be construed as permitting commercial uses. (d) One sign, not over six (6) square feet in area, and pertaining only to the sale, lease or rental of the property upon which the sign is to be located. —2— 3.12 Building Height Limit - 4 (a) For dwellings - maximum two stories but not exceeding thirty-five (35) feet. (•b) For accessory buildings - maximum fifteen (15) feet. 3.13 Building Site ,Area and Lot Width Required a (a) For each dwelling - minimum of four thousand (4000) square feet and minimum width of fofty (40) feet on interior lots; minimum of five thousand (5000) square feet and minimum width of fifty (50) feet on corner lots. In no case shall there be more than one (1) single family dwelling on any one (1) building site. (See Section 5.3 for exceptions). 3.14 Building Site Coverage Permitted- (a) Full coverage, less required front, side and rear yards. (Except in combining or n-B" Districts, See Section 4.1). 3.15 Yards Required - (a) Front yards. minimum required twenty (20) feet and maximum permitted, thirty-five 05) feet, except as may be otherwise indicated on the Districting Maps. Distances shown on Districting Maps are to be measured from front lot line. (b) Side yards- ten (10) percent of lot width with a minimum requirement of three (3) feet and maximum of six (6) feet provided that the side yard on the rear one-half (1/2) of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (c) Rear yards- minimum requirement of ten (10) feet. (Where alleys exist, see Section 5.4 (d) ). 3.2 Duplex Residential or R-2 District The following regulations shall apply in all R-2 Districts and shall be subP jest to the provisions of.Section 5. 3.21 Uses Permitted- (a) Single Family Dwellings (b) Two detached single family dwellings or one duplex 3.22 Building Height Limit - (a) For dwellings - maximum two stories but not exceeding thirty five (35) feet. (b) For accessory buildings, maximum fifteen (15) feet. 3.23 Building Site Area and Lot Width required - (a) For each two (2). dwollings or one duplex - minimum of four thousand (4000) square foot and minimum width of forty (40) feet. on interior lots, minimum of• five thousand (5000) square feet and minimum width of fifty (50) feet on corner lots. In no case shall there be more than two (2) single family dwellings or one duplex on any one (1) building site. (See Section 5.3 for exceptions). -3- b 0 3.24 Building Site Coverage Permitted : (a) For aggregate building coverage — full coverage, less required front,, sides, and rear yards. :Except in Combining or o—B° districts, see Section 4.1). 3 0,25 Yards Required - (a) Front yards- minimum required twenty (20) £eet,and maximum permitted thirty—five (35) feet, except as may be otherwise indicated on the Districting Maps,. Distances shown on Districting Maps are to be. 1 measured from front lot line* (b) Side yards- ten (10) percent of lot width with a minimum requirement of three (3) feet and maximum of six (6) feet provided that the side yard on the rear one—half (1/2) of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage* (c) Rear yards. minimum requirement of ten (10) feet. (Where alleys exist, see Section 5.4 (d) ). (d) Between detached buildings: minimum ten (10) feet. 3.3 Restricted Multiple Family Residential or R-3 District The following regulations shall apply in all R-3 Districts and shall be subject to the provisions of Section 5. 3.31 Uses Permitted - (a) Single Family Dwellings (b) Not more than throe detached single family dwellings,dwellingsg one tri lex s or one duplex. (c) Signs not over twelve (12) square feet in area and attached to the main building. 3.32 Uses permitted, subject to first securing a Use Permit in each case: (a) Multiple dwellings in excess of three (3) single family un#s, apartment houses, dwelling groups, and rooming or boarding houses* (b) Community centers, social halls, lodges, clubs and rest homes, . subject to first securing a Use Permit in each case. (c) Signs larger than twelve (12) square feet and appurtenant to any use* 3.33 Accessory Uses Permitted : (a) Accessory uses and buildings normally incidental to any of the above. This shall not be construed as permitting any c amnercial use or occupation other than those specifically listed. 3.34 Building Height Limit : (a) For main buildings — maximum thirty—five (35) feet. (b) For accessory buildings — maximum fifteen (15) feet. 3.35 Building Site Area Required - (a) For each building or group of buildings — minimum of four thousand (4000) square feet and minimum width of fifty (40) feet on interior lots; minimum of five thousand (5000) square feet and minimum width of fifty (50) feet on corner lots. (b) For each family unit in any building or group of buildings minimum of one thousand (1000) square feet. -4- 3.36 Buildin•ite Coverage Permitted (a) For aggregate building coverage, full coverage, less required frontA side and rear yards. (Except in Combining or 1'-B" districts, see Section 11.1). 3.37 Yards Required (a) Front yards. minimum required twenty (20) feet, and maximum permitted thirty-five (35) feet, except as may be otherwise indicated on the Districting daps.. Distances shown on Districting Maps are to be measured from front lot lines. (b) Side yards. ten (10) percent of lot width with a minimum requirement of three (3) feet and maximum of six (6) feet provided that the side yard on the rear one-half (1/2) of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (c) Rear yards. minimum of ten (10) feet. (d) Special yards and distances between buildings. (1) Distance between buildings in any dwelling group - minimum eight (8) feet. (2) Side yard providing access to single row dwelling group - minimum twelve (12) feet. (3) Inner court providing access to double row dwelling group - minimum twenty (20) feet. 3.4 Multiple Residential or R-4 District The following regulations shall apply in all R-4 Districts and shall be subject to the provisions of Section 5. 3.41 Uses Permitted . (a) Single Family Dwellings, and duplexes or triplexes. (b) Multiple dwellings, apartment houses and dwelling groups. (c) Signs not over twelve (12) square feet in area and attached to tho main building. 3.42 Uses permitted, subject to first securing a Use Permit.in each eases (a) Hotels, motels and rooming or boarding houses, trailer camps. (b) Professional offices. (c) Community centers, social halls, lodges and clubs. (d) Signs larger than twelve (12) square feet and appurtenant to any use. 3.43 Accessory Uses Permitted s (a) Accessory uses and buildings normally incidental to any of the aboveo This shall not be construed as permitting any commercial use or occupation other than those specifically listed. 3.44 Building Height Limit s (a) For main buildings - thirty five (35) feet provided that the height limit may be increased to a maximum of seventy-five (75) feet upon the obtaining of a Use Permit in each case. (b) For accessory buildings - maximum fifteen (15) feet. -5- 3.45 Buil.diloite Area Require-. (a) Same as specified for R-3 Districts. 3.46 Building Site Coverage Permitted- (a) Same as specified for R 3 Districts. 3.47 Yards Required- (a) Front, side, rear and special yard requirements, same as specified for R-3 Districts. 3.5 Light Commercial or C 1 District The following regulations shall apply in all C 1 Districts and shall be subject to the provisions of Section 5. 3.51 Uses Permitted- (a) Single family dwellings, duplexes, multiple dwellings, apartment houses, dwelling groups, hotels, motels, boarding houses, profess- ional offices, community centers, social halls, lodges and clubs. (b) Retail stores 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, gasol- ine service stations, restaurants, antique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. (c) Signs appurtenant to any permitted use. 3.52 Uses permitted, subject to first securing a Use Permit in each case- (a) Animal hospitals, auto sales and repair shops, boat sales, marine service stations, cleaning establishments, launderies, launderettes, mortuaries, outdoor markets, wholesale stores, outdoor sales establish- ments, pet shops, public garages, trailer courts, theatres, used car sales lots and other uses which, in the opinion of the Planning Comm- ission 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) Signs, other than those appurtenant to any permitted use, including billboards. 3.53 Building Height Limit- (a) Maximum height any building - thirty-five (35) feet, provided that the height limit may be increased to a maximum of sexenty-five (75) feet upon the obtaining of a Use Permit in each case. 3.54 Building Site Area Required- (a) For each main building - minimum two thousand (2000) square feet. Minimum building site frontage required twenty-five (25) feet. 3.55 Yards Required. (a) Front, yard - None, except where the frontage in a block is parti$lly in an IIR° District, in which case the front yard shall be the same as required in such OR°o District. -6- • (b) Side yard — none., except where the s• of a lot abuts upon the side of a lot in an "R'o District, in which case the side yard shall be not less than three (3) feet. (c) Rear yard — none.. except where the rear of a lot abuts on an "R'o District, in which case the rear yard shall be not less than three (3) feet. (d) Rear yard abutting alleys — minimum ten (10) feet. 3.6 General Commercial or 0-2 District The following regulations shall apply in all C-2 Districts and shall be subject to the provisions of Section 5. 3.61 Uses Permitteds (a) Multiple dwellings, apartment houses, dwelling groups, hotels, motels., rooming and boarding homes, professional offices, community centers., social halls and clubs. (b) Wholesale stores and storage within a building, wholesale bakeries. (c) The following uses when conducted within a building or enclosed by a solid board or masonry fence at least six (6) feet in height in each cases Creameries., bottling works, building material yards, contractors yards, feed and fuel yards, including gasoline storage, machine shops, storage of goods and materials and other uses which in the opinion of the Planning Commission are of a similar nature. (d) Signs appurtenant to any permitted use. 3.62 Uses Permitted, subject to first securing a Use Permit in each case (a) Lumber yards, light manufacturing., including manufacture and repair of boats, clothing, novelties and toys, and uses which, in the opinion of the Planning Commission are of similar nature. (b) Single family dwellings, duplexes, and trailer courts. (c) Signs, other than those appurtenant to any permitted use. 3.63 Building Height Limit a (a) Maximum height of any building — fifty (50) feet, provided that additional height may be permitted if a Use Permit is first secured in each case. 3-.64 Building Site Area Required o (a) For each main building — minimum two thousand (2000) square feet. Minimum building site frontage twenty—five (25) feet* 3.65 Yards Required e (a) Front yards m none, except where the frontage in a block is partially in an +'R'o District, in which case the front yard shall be the same as required in such "R94 District. •(b) Side yards — none, 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 three (3) feet. (a) Rear yards — none, except where the rear of a lot abuts on an WR" District, in which case the rear yard shall be not less than three (3) feet. (d) Rear Yard abutting on alleys — Minimum ten (10) feet. —7— • 3.7 Manufacturing or M JL District The following regulations shall apply in all PQ 1 Districts and shall be subject to the provisions of Section 5. 3.71 Uses Permitted: (a) Retail and wholesale stores or storage, including storage of cement and lime incidental to a retail or wholesale business, service estab— lishments, light industrial and manufacturing uses and any other uses which, in the opinion of the Planning Commission are of similar nature, but under the same limitations and restrictions specified in sections governing same. (b) Signs appurtenant to any permitted use. 3.72 Uses Permitted, subject to first securing a Use Permit in each cases (a) All uses permitted in any "R" District. (b) Fish smoking, curing or freezing. (c) Signs, other than those appurtenant to any permitted use, including billboards. 3.73 Uses Prohinited s (a) Industrial or manufacturing uses, which in the opinion of the Planning Commission may be objectionable by reason of production of offensive odor, dust, noise, bright light, vibration, or involving the storage or handling of explosives or dangerous materials, including all the uses listed hereunders Auto wrecking, fish canneries and/or reduction grinding and processing of plants; drilling for and/or removal of oil, gas, or other phdrocarbon materials; 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, or fireworks, fertilizer, glue, gypsum, lime, plaster of paris or asphalt, stockyard or slaughter of animals, refin— ing of petroleum or its products, smelting of iron, tin, zinc, or other ores, junk yards, hog raising, bag manufacturing 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. 3.74 Building Height Limits (a) Maximum height of any building — Fifty (50) feet provided that addit— ional height may be permitted if a Use Permit is first secured. 3,75 Yards Required a (a) Front yards — none, except where the frontage in a block is partially in an "R91 District, in which case the front yard shall be the same as required in such "R" District. (b) Side yards — none, 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 five (5) feet. (c) Rear yards — none, except where the rear of a lot abuts on an "R" District, in which case the rear'yard shall be not less than three (3) feet. (d) Rear yards abutting an alley — minimum ten (10) feet. —8— 3.8 Unclassified or U District The following regulations shall apply in all Unclassified or U Districts and shall be subject to the provisions of Section 50 ("U" District shall include all of the incorporated area within the City not shown on the District Maps as being zoned or classified into any other district or zone.) 3.81 Uses Permitted2 (a) 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. 3.82 Other Regulations: (a) Building height limits, building site area required and yards required shall be as specified in the Use Permit. 4.0 Combining or "—B" and "—H" Districts Regulations 4.1 Combining or "—B" District The following regulations shall apply in lieu of building site area, yard and lot width requirements in the respective R 1, R-2, R-3 or R-4 Districts where such Districts are combined with the "—B" District and shall be subject to the provisions of Section 5. 4.11 R 1—B District — Building Site Area, Lot Width, and Rear Yard requireds (a) For each dwelling — minimum of six thousand (6000) square feet and minimum width of sixty (60) feet. In no case shall there be more than one (1) single family dwelling on any one (1) building site. (b) Rear yards — Twenty (20) percent of lot depth with a minimum require— ment of fifteen (15) feet and a maximum of twenty—five (25) feet. (c) Building Site Coverage Permitted: For aggregate building coverage — maximum forty (40) percent of building site area. 4.12 R-2—B District — Building Site Area and Lot Width Requireda (a) For each dwelling or duplex — minimum of six thousand (6000) square feet and minimum width of sixty (60) feet. In no case shall there be more than one (1) single family dwelling or duplex on any one (1) building site. (b) Rear yards — Twenty (20) percent of lot depth with a minimum require— ment of fifteen (15) feet and a maximum of twenty—five (25) feet. (c) Building Site Coverage Permitted: For aggregate building coverage — maximum fifty (50) percent of lot area. 4.13 R-3—B District — Building Site Area and Lot Width Requireda (a) For each building or group of buildings — minimum of six thousand (6000) square feet and minimum width of sixty (60) feet and for each family unit in any building or group of buildings minimum of fifteen hundred (1500) square feet of building site area. (b) Rear yards — minimum of ten (10) feet. (c) Building Site Coverage Permitted — For aggregate building coverage — maximum of seventy—five (75) percent. —9— 4.14 R--4—B District— Building Site Area and Lot Ah Required s (a) For each building or group of buildings — minimum of six thousand (6000) square feet and minimum width of sixty (60) feet and for each family unit in any building or group of buildings minimum of twelve hundred and fifty (1250) square feet of building site area. (b) Rear yards — minimum of ten (10) feet. (c) Building Site Coverage Permitted: Same as specified for R 3 District. 4.2 Combining or "—H" District The following regulations shall apply in all C 1, C-2 or M Districts with which are combined "—H" Districts, in addition to the regulation hereinbefore specified therefor, and shall be subject to the provisions of Section 5 of this Ordinance; provided, however, that if any of the regulations specified in this Section differ from any of the corresponding regulations specified in this Ordinance for any district with which is combined an "—H" District, then in such case the provisions of this Section shall govern. 4.21 Uses Permitted All uses permitted in the respective districts with which the "—H" District is combined, subject to approval of design of building and design and location of parking lot, provided however as follows s (a) Off—street parking on the building site shall be required in all districts, which the "—H" district is combined, according to the following formulas (1) Retail Stores, 1 parking space for each 200 sq. ft. and 1 loading space for each 10,000 sq. ft. of store floor area. (2) Office Buildings, 1 parking space for each 500 sq. ft. of floor area. (3) Wholesale and industry, 1 parking space for each 5 employees and 1 loading space for each 10,000 sq. ft. of floor area. (4) Restaurants, 1 parking space for each 4 seats. (5) Public Assembly, 1 parking space for each 10 seats. (6) Theatres, 1 parking space for each 10 seats. (7) Hotels, 1 parking space for each 1,000 sq. ft. of floor area. (8) Hospitals, 1 parking space for each 1,000 sq. ft. of floor area, and in addition l parking space for each 3 resident and non—resident doctors. (9) Clinics, 1 parking space for each 500 sq. ft. of floor area, plus 1 additional space for each doctor. (b) The Planning Commission on petition of the property owner may waive or reduce off street parking required by the terms of this sect16n under the following conditions (1) When the proposed use is within 200 feet of a municipal off—street parking lot deemed sufficient by the Planning Commission to meet the maximum requirements of the area. (2) When the off—street parking requirement causes unnecessary hardship because of the size or shape of lots in single ownership and of record on the effective date of this Ordinance. 4.22 Building Locations In case no building line is established by the Street and Highway Plan of the Master Plan of the City or by the provisions of this Ordinance for the street on which any building will front, in any district with which an "—H" district is combined, no such build— ing shall be erected, constructed, moved or structurally altered, so that the same shall be closer to the line of such street than a distance to provide adequate space for the traffic movements and the standing of vehicles which will be incidental to the use of such building. Such distance to be designated by the Planning Commission as a part of the action on plans submitted with the application for a permit for such building, as provided in Section 5.6 of this Ordinance. _10— 0 • MOTION 5. GENERAL PROVISIONS AND EXCEPTIONS The regulations specified for this Ordinance shall be subject to the following general provisions and exceptions 5.1 Uses s (a) No circus, carnivals amusement park, fun zone, open air theatre, race track, private recreation centers, or other similar establishments, shall be estab— lished in any District unless and until a Use Permit is first secured for the establishment, maintenance and operation of such use. (b) No dance hall, road house, night club, commercial club, or any establishment where liquor is served, or commercial place of amusement or recreation or any such place or any other place where entertainers are provided, whether as social companions or otherwise, shall be established in any District, closer than two hundred (200) feet to the boundary of any dwelling District, unless a Use Permit shall first have been secured for the establishment, maintenance and operation of such use. (c) Accessory uses and buildings in any C or M District are permitted 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. (d) Accessory uses normally a part of any use permitted in any "R" District may be permitted. This shall not be construed as permitting any commercial use in any "R" District unless such is specified in the regulations for the District, nor this shall not be deemed to allow the manufacturing of process— ing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any business, trade or indus— try or the conduct of any retail or wholesale business. (e) Public or no fee private parking lots for automobiles may be permitted in any "Rf0 District adjacent to any "Co' or "M" District, subject to first secur— ing a Use Permit in each case. (f) Churches, schools, hospitals, parks and playgrounds, yacht clubs, cemetariea (Minimum area twenty (20) acres), mausoleums, crematories, public utility, and public and quasi—public buildings, may be permitted in any district, subject to first securing a Use Permit in each case. (g) The removal of earth and other natural materials, may be permitted in any District, subject to first securing a Use Permit in each case. (No permit required for normal grading or landscaping on lots of record). (h) Temporary tract or real estate offices for sales in subdivisions may be permitted, subject to first securing a Use Permit in each case. (i) Temporary signs for the advertising of a subdivision may be permitted, subject to first securing a Use Permit in each case. 5.2 Height Limits: (a) Chimneys, cupolas, flag poles, monuments, radio and other towers, water tanks, and similar structures and mechanical appurtenances may be permitted in excess of height limits, subject to first securing a Use Permit in each case. (b) No fence, hedge or screen planting of any kind shall hereinafter be construc— ted or grown to exceed six (6) feet in height, within any required side yard to the rear of the front line of any dwelling or along any rear property line nor to exceed three (3) feet in height along the property line to the front of any dwelling or within fifteen (15) feet of the street corner on any corner lot. -llm . 5.3 Building Site. be •s (a) An yy lot or parcel of iand under one ownership and of record on August, 2, 1943 mhy 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. 5.4 Yardsa (a) Architectural features such as cornices, eaves and canopies may extend not exceeding two and one—half (2-1/2) feet into any required front yard, (b) None of the above mentioned architectural features may encroach within two (2) feet of any side lot line. (c) Open uncovered porches, landing places, may project not exceeding six (6) feet into any required front yard. (d) Whenever an Official Plan Line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this Ordinance be construed as permitting any encroachment upon any Official Plan Line. (e) In areas having alleys to the rear of lots, rear yard requirements may be measured from the center line of such alley. (f) In case an accessory building is attached to the main building, it shall be made structurally a part of and have a commonwall with the main building and shall comply in all respects with the requirements of this Ordinance applic— able to the main building. Unless so attached an accessory building in an "R" District shall be located on the rear one—half (1/2) of the lot and at least six (6) feet from any dwelling building existing or under construction on the same lot or any adjacent lot. -Sa 4 detached accessory building may be built to within one (1) foot of one of ,the side lot lines. Such accessory building shall not be located within five (5) feet of any alley or within five (5) feet of the side line of any alley or within five (5) feet of the side line of the front one—half (1/2) of any adjacent lot or in the case of a corner lot to project beyond the front yard required or existing on the adjacent lot. In the case of a lot abutting on two or more streets, no building shall be erected closer to the property line than the front yard setback established on either street. In the case of subdivisions where the rear of lots normally border streets and the front of the lots face a common walkway, the main structure and/or accessory buildings may be constructed within five (5) feet of the rear property line. 5.5 Automobile Storage or Parking Space a Accessible storage or parking space for the parking of automobiles off the street shall be provided in any "R't District as follows a (a) Not less than one (1) garage space for each single family dwelling. (b) Not less than one (1) garage space for each family unit in any duplex, multiple dwelling, dwelling group or apartmento (a) Not less than one (1) garage space for each two (2) guest rooms in any rooming house. (d) Not less than one (1) parking space for each four (4) guest rooms in any hotel. (e) Parking space required for other uses allowed in any "R" District and not set forth above shall be determined by the Planning Commission and set forth as a condition to the granting of the Use Permit for such use. 5.6 Architectural Control a (a) In case an application is made for a permit for any building or structure in any "C" or "M" District, said application shall be accompanied by arch— itectural drawings or sketches and plot plans all to a workable scale, showing the elevations of the proposed building or structure and proposed —12— landtape or other treatment of the g0lunds around such building or structure, and other physical features such as trees, hydrants, poles, etc. Such drawings or sketches shall be considered by the Planning Commission in an endeavor to provide that such buildings or structures and grounds be in keeping xith the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the City or to impair the desirability of investment or occupation in the neighborhood. (b) The Planning Commission may appoint an Architectural Committee of three members, who may be employees in the following departments of the City of Newport Beachi Building Inspection and City Engineer, (c) The Architectural Committee shall have authority to approve architectural sketches within the meaning of Section 5.6 of this Ordinance, 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 Zoning Ordinance No. of the City of Newport Beach", shall be approved by the Planning Commiss- ion and the City Council, and shall be on file in the City Building Inspector's Office. Said drawings shall show desirable architectural standards but are not designs which must be copied in order to secure approval of plans. (d) In case the applicant is not satisfied with the decision of the Architec- tural Committee, he may within thirty (30) days after such action appeal in writing to the Planning Commission. The Architectural Committee, may if it deems it advisable, refer any application for architectural approval to the Planning Commission for its decision. (e) In case the applicant is not satisfied with the action of the Planning Commission, he may within thirty (30) days appeal in writing to the City Council, and said Council shall render its decision within thirty (30) days after the filing of such appeal. (f) No permit shall be issued in any case hereinabove mentioned until such drawings and skotehes 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. 5.7 Non-Conforming Uses s (a) The lawful use of land existing at the time of the adoption of this Ordin- ance, although such use does not conform to the regulations herein speci- fied 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 time of the adoption of this Ordinance, and that if any such use ceases, the subsequent use of such land shall be in conformity to the regulations specified by this Ordinance, for the district in which such land is located. (b) The lawful use of building existing at the time of the adoption of this Ordinance may be continued, although such use doesnot conform to the regulations specified for the district in which such building is located. (c) The non-conforming use of a portion of a building may be extended through- out the building provided that in each case a Use Permit shall first be obtained. (d) The non-conforming use of a building may be changed to a use of the same or more restricted nature provided that in each case a Use Permit shall first be obtained. (e) If the non-conforming use of a building ceases for a continuous period of six (6) months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for tho District in which it is located. -13- (f) 4 non-eworming building damaged or devoyed by fire, explosion, earth- quake, or other act to an extent of more than ninety (90) percent of its appraised value at the time of the damage, a s fixed by the General Appra- isal Company of Los Angeles, California, or other equally responsible firm, or to an extent of 100% of the appraised value thereof according to the assessment by the Assessor for the fiscal year during which such destruction occurs, may be restored only if a Use Permit is first obtained in each cases (g) Ordinary maintenance and repairs may be made to any non-conforming build, ing providing no structural alterations are made and providing that such work does not exceed fifteen (15) percent of the appraised value in any one (1) year period. Other repairs or alterations may be permitted provided that a Use Permit shall first be secured in each case. (h) Nothing contained in this Ordinance shall be deemed to require any change in the plans, construction or designated use of any building for which a building permit has properly been issued, in accordance with the provis- ions of ordinances then effective, and upon which actual construction has been started prior to the effective date of this Ordinance, provided that in all such cases actual construction shall be deligently carried on until completion of the building. SECTION 6. PERMITS, VARIANCES AND AMENDMENTS 6.1 Zoning Permits 6.11 Zoning Permits shall be required for all buildings and structures herein- after erected, constructed, altered, repaired, or moved within or into any district estab- lished by this Ordinance, 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 Ordinance. Such pormit may be a part of the building permit and shall be issued by the Building Inspector prior to any construction. 6.2 Use Permits Use permits, revocable, conditional or valid for a term period raay be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this Ordinance. 6.21 Application. (a) Application for Use Permit shall be made to the Planning Commission in writing on a form prescribed by the Commission and shall be accom- panied by plans and elevations necessary to show the detail of the proposed use or building. Such application shall be accompanied by a fee of five dollars ($5.00). 6.22 Public Hearings s (a) No public hearing need be held thereon, provided that the Planning Commission may hold any hearings, as it deems necessary. (b) In case a public hearing is deemed necessary, a notice of such hearing shall be posted on the property involved or adjacent thereto at least ton (10) days prior to such hearing. 6.23 Action by Commission (a) In order to grant any Use Permit the findings of the Planning Commiss- ion shall be 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 -14- neighborh4k of such proposed use or be dental or injurious to property and improvements in the neighborhood or to the general welfare of the City. (b) The Planning Commission may designate such conditions in connection with the Use Permit, as it deems necessary to secure the purposes of this ordin- ance and may require such guarantees and evidence that such conditions are being or will be complied with. In cases where the Use Permit is refused, the Planning Commission shall state its reasons for such refusal. Use Per- mits shall not become effective for fifteen (15) days after being grantede and in the event appeal is filed, said permit shall not become effective until a decision is made by the City Council on such appeal. 6.24 Appeal 2 (a) In case the applicant or any other person, firm, or corporation is not satis- fied with the action of the Planning Commission, he may within fifteen (15) days appeal in writing to the City Council. (b) The City Council shall set date for public hearing and shall post notice as set forth in Section 6.22 (b). Notice shall also be given to the Planning Commission of such appeal and the Planning Commission shall submit a report to the City Council setting forth the reasons for action taken by the Comm- ission, or shall be represented at the hearing. (c) The City Council shall render its decision within sixty (60) days after the filing of such appeal. 6.25 Effect a No building or -zoning permit shall be issued in any case vdiere a Use Permit is required by the terms of this Ordinance unless and until such Use Permit has been granted by the Planning Commission or in the event of appeal by the City Council and then only in accordance with the terms and conditions of the Use Permit granted. 6.3 'Variance and Appeals a Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this Ordinance many result from the strict application of certain provlai- ons thereof, variance may be grants dd as provided in this Section. 6.31 Application s (a) Application for variance shall be made by the property owner in writing on a form prescribed by the Planning Commission and shall be accompanied by a fee of ten dollars ($10.00) and statement, plans and evidence showing s 1. That there are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, build- ings, and/or uses in the same district. 2. That the granting of the application is necessary for the preservation and enjoyment or substantial property rights of the petitioner. 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 said neighborhood. 6.32 Public Hearing a (a) A public hearing shall be held within forty-five (45) days after filing of application, notice of which shall be given by one (1) publication in a newspaper of general circulation in the City at least seven (7) days 15- prior psuch hearing and by posting notce on the property involved, or adjacent thereto, at least seven (7) days prior to such hearingo 6*33 Action by Commission: (a) After the conclusion of the public hearing, the Planning Commission shall make a written finding of facts showing whether the qualifications under Section 6*31 (a)., apply to the land., building or use for which variance is sought and whether such variance shall be in harmony with the general purposes of this Ordinance* Such written finding of facts shall be submitted to the City Council within thirty days (30) after the public hearing and may include recommendations for such conditions as the Planning Commission deems necessary to secure the purpose of this Ordinance* 6*34 Action by City Councils (a) The City Council shall consider the application for variance within thirty (30) days after receipt of the Planning Commission report, and if the City Council finds that the qualifications under Section 6*31 (a), apply to the land., building or use for which variance is sought and that such variance is in harmony with the general purposes of this Ordinance, said City Council shallby resolution grant such variance* (b) The City Council may designate such conditions in connection with the variance as it deems necessary to secure the purposes of this Ordinance, and may require such guarantees and evidence that such conditions are being or will be complied with. 6*35 Appeals s (a) The Planning Commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this Ordinance* (b) In case an applicant is not satisfied with the action of the Planning Commission on his appeal he may within fifteen (15) days appeal in writing to the City Council* (c) Notice shall be given to the Planning Commission of such appeal and a report shall be submitted by the Planning Commission to the City Council setting forth the reasons for action taken by the Commission or shall be represented at the Council meeting* (d) The City Council shall render its decision within thirty (30) days after the filing of such appeal* 6*4 Revocation of Permits or Varianeesa 6*41 Any zoning permit, use permit, or variance granted in accordance with the terms of this Ordinance shall be revoked if not used within six months from date of approval, 6*42 Any zoning permit, use permit, or variance granted in accordance with the terms of this Ordinance may be revoked if any of the conditions or terms of such permit or variance are violated, or if any law or ordinance is violated in connection therewith* 6*43 The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing and shall submit its recommendations to the City Council* The City Council shall act thereon within sixty (60) days after receipt of the recommendations of the Planning Commission* 16® • 6.� Amendmentslie : • • This Ordinance may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this Section. 6.51. initiation- (a)• An amendment may be initiated by - 1. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Plann- ing Commission and shall be accompanied by a fee of twenty-five dollars ($25.00), no part of which shall be returnable to the petitioner, or by ' 2. Resolution of intention of the City Council, or by 3. Resolution of intention by the Planning Commission. 6.52 Public Hearings- (a) The Planning Commission shall hold two (2) public hearings on any pro- posed amendment at least ten (10) days apart, and shall give notice thereof by at least one publication in a newspaper of general ciroula- tion within the City at least ten (10) days prior to the first of such hearings. (b) In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from any district to any other district, the Planning Commission shall give additional notice of the time and place of such hearings and of the purpose thereof by posting at least three public notices thereof not less than ten (10) days prior to the date of the first of such hearings along streets upon which the property proposed to be reclassified abuts. Each such notice shall consist of the words "Notice of Proposed Zoning Change" in letters not less than one (1) inch in height, and in addition thereto, a statement in small letters settinf forth a general descrip- tion of the property involved in the proposed change of district, the time and place at which the public hearings on the proposed change will be held and any other information which the Planning Commission may deem to be necessary. (c) Any failure to post public notices as aforesaid shall not invalidate any proceedings for amendment of this Zoning Ordinance. 6,53 Action by Planning Commission- (a) Following the aforesaid hearings the Planning Commission shall make a report of its findings and recommendations with respect.to the pro- posed amendment and shall file with the City Council an attested copy of such report within ninety (90) days after the notice of the first of said hearings; provided that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceed- ings. Failure of the Planning Commission so to report within ninety (90) days without the aforesaid agreement shall be deemed to be approval of the proposed amendment by the Planning Commission. 6.54 Action by City Council: (a) Upon receipt of such report from the Planning Commission or upon the expiration of such ninety (90)days as aforesaid, the City Council shall set the matter for public hearing after notice thereof of the proposed amendment, be given as provided by law. After the conclusion of such hearing, the City Council may adopt the amendment or any part thereof —17— set fA in the petition in such form 40said Council may deem to be advisable. The Council may refer the recommendation of the Planning Commission back to that body for further study and recommendation. (b) The decision of the City Council shall be rendered within sixty (60) days after the receipt of a report and recommendations from the Planning Commission or after the expiration of ninety (90) days as stated in paragraph (a) of Section 6.54. SECTION 7. DEFINITIONS 7.1 For the purpose of this Ordinance, certain terms used herein are defined as follows : 7.11 "ALLEY" Any public thoroughfare which affords only a secondary means .of access to abutting property. 7.12 "AUTOMOBILE COURT" A group of 2 or more detached or semi—detached buildings containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therewith which group is designed and used primarily for the accommodation of transient automobile travelers. 7.13 "BOARDING HOUSE" A dwelling other than a hotel where lodging or lodging and meals for three (3) or more persons is provided for compensation. 7.14 "BUILDING" Any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel. 7.15 IIBU1LrDING, ACCESSORY" A subordinate building, the use of which is incidental to that of the main building on the same lot and/or building site. 7.16 "BUILDING, MAIN" A building in which is,conducted the principal use of the' lot and/or building site on which it is situated. 7.17 "BUILDING SITE" A lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this Ordinance and having its principal frontage on a street, road, highway or waterway. 7.18 "BUSINESS, "RETAIL" 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. 7.19 "BUSINESS, WHCLESALEI1 The wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity and not including the processing or manufacture of any product or substance. 7.20 "COMBINING DISTRICT" Any district in which the general district regulations are combined with 0—B" or IP-H12 for the purpose of adding additional special regulations, i.e. IIR-111 combined with 1/—B11 (R-1—B) increases the area and yard requirements. 1tC-1P1 combined with 19-HII (0-1-H) adds the additional requirement of off—street parking. —18= 1 r 7.21 "DISTRICA portion of the City within wl-!fi 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 Ordinance. 7.22 "DWELLING, 'ONE SINGLE FAMILY" A building containing only one kitchen, - designed for or used to house not more than one family, including all necessary employees of such family. 7.23 "DWELLING, TWO FAMILY OR DUPLEX" A building containing not more than two kitchens, designed and/or used to house not more than two families, living independently of each other, including all necessary employees of each such family. 7.24 "DWELLING, MULTIPLE" A building or portion thereof used and designed as a residence for 3 or more families living independently of each other, and doing their own cooking in said building, including apartment houses.., ' apartment hotels and flats, but not including automobile courts. 7.25 ((DWELLING GROUPS11 A group of 2, or more detached or semi-detached, 1-family, 2-family., or multiple dwellings occupying a parcel of land, in one owner- ship and having any yard or court in common, but not including automobile courts. :. 7.26 "FAMILY" One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants. 7.27 "GARAGE SPACE" An accessible and usable covered space of not less than eight (8) feet by twenty (20) feet for the parking of automobiles off the street, such space to be so located on the lot so as to meet the require- ments of this Ordinance for an accessory building, 7.28 "HEIGHT OF BUILDIMS" The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof. 7.29 "HOTEL" Any building or portion thereof containing 6 or more guest rooms used, designed or intended to be used, let, or hired out to be occupied or which are occupied by 6 or more individuals for compensation whether the compensation for hire be paid directly or indirectly. 7.30 "JUNK YARD" The use of more than 100 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. 7.31 "NON-CONFORMING USE" A use that does not conform to the regulations for the district in which it is situated. 7.32 "PARKING SPACE" An accessible and usable space on the building site at least eight (8) feet by twenty (20) feet located off the street with access for the parking of automobiles. 7.33 "'REVERSED FRONTAGE" A key lot or the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot and fronting on the street which intercepts the street upon which the corner lot fronts and/or which faces the street upon which the side of a corner lot abuts. -19- ti 7.34 11R00mING*BOARDING HOUSE" A dwelling oto than a hotel where lodging and/or meals for three or more persons are provided for compensations 7.35 "STREET" A public or private thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane;, boulevard, highway, road, and any other thoroughfare except an alley as defined herein. 7,36 "STREET LINE°o The boundary between a street and property. 7.37 "STRUCTURE" Amything constructed or erected, the use of which required loca— tion on the ground or attachment .to something having location on the ground. 7.38 "STRUCTURAL ALTERATIONS" Any change in the supporting members of a building, such as bearing walls columns, beams or girders. 7.39 "TRAILER COURT" Land or premises used or intended to be used, let or rented for occupancy by or of trailers or movable dwellings, rooms or sleeping quarters of any kind. 7.40 "USE" The purpose for which land or premises of a building thereon is de— signed, arranged, or intended or for which it is or may be occupied or maintained. 7.41 "USE�ACCESSORY" A use incidental and accessory to the principal use of a lot or a building located on the same lot. 7.42 "YARD" 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 in Section 5.4. 7.43 "YARD—FRONT" A yard extending across the front of the lot between the inner side yard lines and measured from the front line of the lot to the nearest line of the building; provided that if any building line or Official Plan Line has been established for the street upon which the lot faces, then such measurement shall be taken from such Building Line or Official Plan . Line to the nearest line of the building. 7.44 11YARD—REARt9 A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. 7.45 "YARD—SIDE" A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard. SECTION 8. INTERPRETATION 8.1 When interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except as specifically herein provided, it is not intended by the adoption of this Ordinance to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or Ordinance, or-any rules, regula— tions 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 Ordinance to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that in case in which this Ordinance imposes a greater restric— tion upon the erection, construction, establishment, moving, alteration or enlargement of legal buildings or the use of any such building ,or premises in said several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants or agreements, then in such case the provisions of this Ordinance shall control. —20— SECTION 9. ENFORCEMN9PENALTIES AND LEGAL PROCEDURE 9.1 All departments, official and public employees of the City of Newport Beach, vested with the duty or authority to issue permits or licenses shall cpnform to the provisions of this Ordinance, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this Ordinance; and any such permit or license issued in conflict with the provisions of this .Ordinance shall be null and void. It shall be the duty of the Building Inspector of the City to enforce the pro— visions of this Ordinance pertaining to the creation, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. 9.2 Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this Ordin— ance, shall be guilty of a misdemeanor, and upon conviction thereof shall .be punishable by a fine of mot more than $300.00 or by imprisonment in the County Jail of the County of Orange for a term not exceeding 150 days or by both such fine and imprisonment. Such person, firm or corporation, shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this Ordinance is committed or continued by such person, firm or corporation and shall be punishable as herein provided. 9.3 Any building or structure set up, erected, constructed, altered, enlarged, con— verted, moved, or maintained contrary to the provisions of this Ordinance, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this Ordinance, shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney of said City 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 Ordinance. 9.4 The remedies provided for herein shall be cumulative and not exclusive. SECTION 10. REPEALING 10.1 Ordinance No. 525 is hereby repealed and all other ordinances and parts of ordinances of said City in conflict with this Ordinance, to the extent of such conflict and no further, are hereby repealed provided that nothing herein contained shall be deemed to repeal or amend any ordinance of said City requiring a-permit or license or both to cover any business trade or occupation. SECTION 11. VALIDITY 11.1 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 12. REFERENCE 12.1 This Ordinance shall be known and cited as the zoning Ordinance of the City of NEWPORT BEACH. Reference to section numbers herein are to the sections of this Ordinance. —21— T. 41ITY & COUNTY PLANNING P-vw , HN, �CAMPBELL-and ASSOCIATES IN 0U IVR IAL SDESIGN URVEYS y y 1 N CUSTR IAL 8 U RVEY7i Planning Consultants STATISTICAL ANALYSIS 1319 HOWARD AVENUE BURLINGAME. CALIFORNIA T E L E P H D N E DIAMOND 4 - 1 2 1 7 November 27th, 1950. 4, Mr. C. R. Priest, City Clerk City of Newport Beach "� v ,0044 City Hall �r< Newport Beach, California Dear Mr. Priest: r� �� tes , !'. In answer to your letter of November 20th, I an enclosing sections of the report dealing with Land Use and Zoning and the Street and Highway Plan. Both of these sections will be incorporated in the whole Master Plan Report. ti The first unit,of the faster Plan, the Land Use and Zoning Plan, is the most controversial as.you know, because it deals with people's individual property rights. The enclosed preliminary report gives the high lights of the new Toning Plan about to be adopted by the City Council. i The proposed Street and Highway Plan will also be highly controversial, at least in part. The Plan as submitted in preliminary form is of necessity a long range program, and as mentioned in the report (page 4) is intended to serve as a guide and not an inflexible program. The high lights of the Street and Highway Plan are : le The proposed ocean beach parkway. 2. The new channel proposed as an entrance into the Upper Bay and the proposed high level bridge• 3. Rerouting of the Coast Highway to the northerly side of Corona Del Mar. 6 A connection between Newport Blvd. and Balboa Blvd; (near 32nd across the P.S. right-of-way). °+ . 1 �... 5. See page 16 of report for other recommendations. ` I believe I have hit the high lights of the proposed Master Plan If there are any questions — ' t holler. Regards LAW:b• La Wise November 20, 1950 Hahne Campbell Associates 1319 Hors*ard Avenue Burlin;ame, California Att'n. Air. Larry1fise Dear Larrya I'm planning to devote our next "THIS IS YOUR CITY" bulletin to the piaster Plan under a heading something like „YOUR CITY LOOKS TO THE FUTURE" . At your convenience (but soon please' dot down a four notes regarding chat you think are the highlights of the plan and forward, I probably vill have only some 500 words to viork trith� so they will have to be highlights. I'm thinking not• of making an insert •covering the Street and Highway map we had at the last meeting. That seems to be as attention-attracting as anything in the works. Also -- is .Hahnt Campbell a national - of Vestern organization? I rant to stress the authority of the plan- ners as much as possible. Sincerelyt r N57PORT BEACH LAND USE AND ZONING PLAN A. General Considerations Zoning or the regulation of the use of land, in its original and primary sense, is the division of an area into districts and the prescription and application of different regulations in each district. Zoning regulations are divided into two classes: (1) Those which regulate height or bulk of buildings within certain designated districts, and (2) Those which prescribe the use to which buildings or land within certain designated areas may be put. Zoning conveys no vested rights to any individual, since, under the police power the interests of the community are paramount, The police power is a flexible instrument which can through due legislativa action be adjusted and expanded to meet the new and changing conditions of society at any given time, within the limits of reasonableness. The important point is that from this flexibility stems to capacity to adjust and improve zoning regulations to meet the increasing complexity of urban centers. Without the power to adjust and meet changing needs, zoning would rapidly become a hindrance to progress. Many zoning ordinances are inadequate and deficient in that they bear little relation to public pirpose. Too restrictive and inflexible regulations of the use of land which bear iho relationship to the overall benefit of the area can be as harmful as inadequate zoning regulations. The following deficiencies seem to be the most prevalent t 1. Failure to relate zoning to existing and future land use, need, and demand. 2. Emphasis on negative language which prohibits rather than positive language which permits. 3. Undue emphasis on the restrictive rather than the protective features of zoning. 4# Failure to control open space and population directly and adequately. 5. Lack of flexibility, including provision for large scale development* 6. Failure to extend zoning controls to cover entire urban area (including fringe areas of cities). 7. Absence of close relationship between zoning and the planning function. Be Lack of flexibility to meet needs of modern city. Zoning should have a sound conception for future needs and development of the area. To properly prepare such a zoning plan a statement of objectives for the guidance of Planning Commission, legislative bodies and the public must be pre- pared in advance of any zoning plan. The prospective land use -plan is essentially such a statement of objectives. The zoning map is the instrument by which some of these objectives may be realized progressively through the regulatory operation of a zoning ordinance. Neithnr the land use plan nor the zoning plan will have much vitality or constructive value unless each is based upon an adequate and intelligent survey and appraisal of existing land uses. i -1- Emphasis has been placed on restrictive quality of zoning ordinances with too little attention paid to the equally important protective quality* The older concept of protection to residential development only gave the original impetus to zoning. The protective features of zoning have not, until recently, been used for other types of uses. If'protection of residential areas from adverse influences is valid exercise of police power, then business, industry and agriculture are entitled to the same protection. All types of land uses should be allocated to areas most appropriate to their needs and then protected from the adverse effects of other uses: It is possible and often true that residential development in industrial areas can be as detrimental to industry as the encroachment of industrial uses into a residential area. Too often zoning ordinances impose rigid regulations upon property owners and public officials alike which make administration needlessly difficult. Exper- ience with zoning and its administration, together with changing methods of building indicate a need for incorporating reasonable flexibility into a zoning ordinance. The effectiveness and stability of zoning regulations need not be jeopardized by relaxing the rigidity of the old zoning ordinance. The major type of flexibility which should be considered in the drafting of a modern zoning ordinance is as follows 1. Flexibility at district boundaries. Petitions for zoning map amendments presented by property owners seldom bear any clear relationship to the larger consideration which determined the original zoning, and are likely to be small, isolated, irregular and illogical in their application. Where they have marit, it should be possible for the granting body with the advice of the Planning Commission to modify the amendment petitioned for, in order to assure a logical and stable boundary rather then an arbitrary one. 2. Flexibility in the design. The extent to which zoning regulations apply to the individual lot is often such as to leave little latitude for the originality and ingenuity of the designer. To the extent that it can be done without prejudicing adjoiming properties, and the major objectives of the zoning regulations, this latitude should be broadened, particularly in the field of the disposition of building bulk without exceeding specified limits of building volume and intensity of use. 3. Flexibility in large-scale development. Increasingly, modern construction extends beyond the limits of the individual lot, or even the sizeable parcel, to blocks and superblocks, and even to entire communities. " It is obviously impossible to forecase such developments in all their detail at the time comprehensive zoning is done. It is clearly desirable that the greatest possible freedom be given in their execution, subject always to the basic limitations of good land use planning and sound zoning* Modern zoning ordinances may therefore be expected increasingly to include provisions relaxing the necessarily somewhat rigid regulation applicable to individual lots in favor of better opportunities for comprehensive large-scale development projects. -2- t 4. Flexibility regarding special type of uses. Experience has shown there are a number of uses which do not fall logically within any of the accepted zoning use district categories, yet may be needed in several or all of the districts, such as parking lots, garages, airports, hospitals, educational institutions, and the like. For these, the Itconditional use" or especial approval permit'13 subject to appropriate and specific conditions and safeguards, preferably by the Planning Commission, supplies a needed form of flexibility. 5• Flexibility of transitional uses. Any system based upon defining district lines, which must often be somewhat arbitrary, is subject to the charge of inflexibility. Provisions which create more graduated transitions from one use to another should be increasingly incorporated in modern zoning ordinances. 6. Flexibility in industrial zoning. The regulation of industry on the basis of performance rather than rigid adherence to type is an important field in modern zoning practice which should be explored more fully. These six forms of flexibility, if properly drawn and incorporated into the ordinance will go far toward improving zoning and removing undesirable rigidities which today plague many cities. Beyond observing certain legal forms and phraseology which must be observed the proposed ordinance has been written as simply and clearly as possible. Both ordinance and map are comprehensive in coverage of all parts of the City, and in the inclusion of regulations relative to use of land, height, or bulk of buildings, extent of open spaces and density of population. An attempt has been made to provide equal protection for all uses eliminating the old principle of "higher or lower" f1morp restricted" or "less restricted uses". The ordinance recognizes all types of uses as having certain requirements and characteristics which are entitled to protection from adverse uses. Finally the ordinance is practical, flexible and can be effectively and efficiently administered. The Use Permit procedure set up in the proposed ordinance allows certain transitional uses in each of the districts at the discretion of the Planning Commission. All places of public assembly such as churches, schools, theatres, clubs, etc., must obtain a use permit from the Planning Commission which may impose conditions to guarantee that the proposed use will not be detrimental. Automobile storage or parking space is required in conjunction with all new residential development. Architectural control is provided for in all C and M Districts. —8— April 24, 195o The Honorgble City Council 'City of Newport Beach Newport Beach, California Gentlemen: Attached hereto is the fourth report on the Maser Plan for the City of Newport Beach filed by Icahn - Campbell and Associates. Yours very truly, PLANNING 00:i21ISSION CITY OF NZUPC3T BEACH Ray Y. Copelin Secretary RW0.gj rr _ PLANNING COMMISSION DICK DRAKE Mayor 7 ty of 'Newp ors- B e ddu �EWPO s J California WALTER M. LONGMOOR, Chairman RAY Y. COPELIN, Secretary PHILMER J. ELLERBROEK • Is - _ WESLEY D. SMITH O � MARCUS J. JOHNSON RICHARD R. PLEGER PE COu^ 4P CHARLES W. WIGHTMAN JOHN R. DANIELL C. B. RUDD EX-OFFICIO MEMBERS TELEPHONES — -- - J,. B. WEBB, City Engineer CITY HALL . Harbor 3131 - - A. M. NELSON, Building Inspector CHAIRMAN . Harbor 193 and 229SJ SECRETAABY_a , . . . Harbor 402 April 24, 1950 The Honorgble City Council City"of Newport Beach Newport Beach, California Gentlemen: Attached hereto is the fourth report on the Master Plan for the City of Newport Beach filed by Hahn - Campbell and Associates, - Yours very truly, PLANNING COMMISSION CITY OF NEWPORT BEACH Ray Y Copelin Secr ary RYC:gj HAHN, CAMPB •L and ASSOCIATES SUBDIV ION POESIGN I N D U S T R I A L SURVEYS Planning Consultants STATISTICAL ANALYSIS 1319 HCWARD AVENUE 3URLINGAME, CALIFORNIA T E L E F H C N E D I A M O N D 4 - 1 2 1 7 April 14, 1950. To the Honorable City Council and Planning Commission City of Newport Beach City Hall Newport Beach, California Gentlemen: Submitted below is the fourth report on the Master Plan for the City of Newport Beach which was officially commenced November 22, 1948, the date of execution of agreement, and it is proposed that the Faster Plan be completed on July 1, 1950, in accordance with the agreement. The status of the various parts of the Master Plan and the approximate completion date of each is set forth below ; Approximate Agreement Status Completion Item No. Subject % Complete Date 1. Base Maps 100% Complete 2. Population Analysis 1001% Complete 3• Economic Analysis 50% 6/1/50 4. Land Use Survey 100% Complete 5. Land Use Plan 100% Complete 6. Zoning Ordinance and Map Analysis 100% Complete 7. Civic Center Plan 10O% Complete 8. Tentative Subdivision Ordinance 1001a Complete 9. Park,Recreation & Tree Study 75% 6/1/50 10. School Facilities Study - 6/1/50 11. Tentative Streets & Highway Plan 100% Complete 12, Off-Street Parking 50% 6/1/50 13. Tentative Street Pattern, Unsubdivided Areas 100% Complete 14. Other Public Facilities - 5/1/50 Field Drafting or Specific Work Accomplished Work Mapping Base Maps 100,E 100% Existing Land Use 100% 100% Existink Street System 100% 10011 Bus Routes 100102 100% School Bus Routes 100% 100% To the Honorable City Council and Planning Commission - Page #2 - Specific work Accomplished - con't - Field Drafting or Work Mapping Accident Spot Map 100% 100% 10 Yr Accident Summary 100% 100% Streets of Major Importance 100% 1'00% Signals - Stop Signs ;00% 100% Public Facilities 100% 100% Motor Vehicle Grovith Chart 100% 100% Population Distribution 100% 100% Population Projection 100% 100% Existing Off-Street Parking 100% 100% Traffic Flow Map 100% 100% Existing Recreation wd City-Owned Lands 100% 100% Corona Del Mar Beach Development Plan 100% 100% Corona Del Mar Bath House Plan 100% 100% Tentative Land Use Plan 100% 100% Ocean Beach Parkway Plan 100% 1001, Ocean Beach Development Plan 100% 100% High Level Bridge Plan 100% 1000/ Upper-Bay Development Plan 100% 100% Newport Island Beach Plan 100% 100% Lake Tract Park Development Plan 100% 100% Tentative Street & Highway Plan 100% 100% 11cFadden & Balboa Blvd, Intersection Plan 100% 100% 32nd. Connection Between Newport Blvd. and Balboa Blvd. Plan 100% 100% Additional work accomplished; review of present Zoning Ordinance and preparation of fixn 1 draft of new Zoning Ordinance. Preparation of preliminary draft of a new Subdivision Ordinance. Consultant services are being given to the Planning Commission, and the Consultants have worked with the Commission on their day-today problems. Yours very truly, HAHN, CAMPBELL and ASSOCIATES •CJlJC, LAW:b. Larry A. wi As WM. A. KIRK March 24, 1950 City of Newport Beach Newport Beach, California Attention: Mr. C.K. Priest City Clerk Gentlemen: This will acknowledge receipt of postal card showing assessments on the proposed work on reference number, Parcel 177, Lot 14., Block 99 Tract 626. n' This letter may be considered as 3s 89 a protest to the said street improvement work in the alley between llth and 19th streets. Yours respectfully, WM. A. KIRK \ , P. o. Box 566 Torrance, California 0 9 COMMERCIAL TRUST SAVINGS RAM, n�qw•cT�ru�>,Cti�i��i�r�ri�, March 22, 1950 Mr. C. K. Priest City Clerk of the City of Newport Beach, California Dear Sir: Referring to the proposed improvement of certain alleys, between llth and 19th Streets, City of Newport Beach, notice of which I have received as owner of Parcel No. 199, wish to say this improvement would ,7ti t seem not-to—begreatly needed at this time. It is im- ----portent that taxes and special assessments be held to a minimum until such time as government expenses can be curtailed. I would like, therefore, to go on record as being opposed to the proposed improvement at this time. Yours very truly, 2coR. RDMcC ag ff�a,uK, Y-ZY-s`u Mr. C. K. Priest; 3735 � REGARDING PARCEL NOS . 2I7 I received card from you with estimated amount for improvements in alleys bet- ween Ilth. & 19th. Sts. If this means that our miserable alley between I2 and I3th. Sts. will be PAVED, not Patch4d, than I am in full favor of the assessment, otherwise I shall be at the hearing to protest further taxes. We've tried very hard to make that alley livable, we feel like Dbggar.9,4n a slum when we come down to Newport for a happy week-end or for the summer. We sweep, wash repaint our front, everything to maintain our morale, but it's-just an unclean alley and we're unhappy. I don(t believe this alley waslever paved, why doesn't the City just go aheadand c.o the job. Any suggestions for paper or garbage disposal, since the alley is also the front entrance to home?. We have civic pride and ready to co-operate. Sincerely�/,vr/purs, 2673 Dundee Place, Los Angeles, 27, Calif. C ' a o COUNTY " ENHHAHN, CAMPBELL and ASSOCIATES 5U 1 V I 0 N I N D U S T R I A L SURVEYS Planning Consultants STATISTICAL ANALYSIS 1319 HOWARD AVENUE BURLINGAME, CALIFORNIA T E L E P H ❑ N E D I A M. O N D 4 - 1 2 1 7 September 142 1949 CPTY CLERK'S OFFICE To the Honorable City Council Received and Planning Commission ......9- a.- Y9......... City of Newport Beach Presented to Council City Hall 7- 2 r--`/y Newport Beach, California ................ i=:/mod Gentlemen: Submitted below is the third report on the Master Plan for the City of Newport Beach. Work was officially commenced November 22nd, 1948, the date of execution of agreement, and it is proposed that the Master Plan be completed on July 1st, 1950, in accordance with the agreement• The status of the various parts of the Master Plan and the approximate completion date of each is set forth below: Approximate Agreement Status Completion Item No. Subject % Complete Date 1. Base Maps 100% Complete. 2. Population Analysis 100% Complete. 3. Economic Analysis 20% Waiting for 1949 data. 4. Land Use Survey 100% Complete. 5. Land Use Plan 100% Preliminary complete. 6. Zoning Ordinance and Map Analysis 80% 3rd revision complete. 7. Civic Center Plan — 3/1/50. 8. Subdivision Ordinance 75% 12/1/49. 9. Park, Recreation and Tree Study 25% 3/1/50. 10. School Facilities Study — 4/1f50. 11. Streets and Highways Plan 50% 12/l/49. 12. Off—Street Parking 30% 12/1/49. 13. Street Pattern, Unsubdivided Areas 10% 12/1/49. 14. Other Public Facilities — 5/1/50. To the Honorable City Council September 14, 1949 and Planning Commission - Page 2 - Specific work accomplished: Field Drafting or Work Mapping Base Maps 100% Existing Land Use 100% 100% Existing Street System 100% 100% Bus Routes 100% 100% School Bus Routes 100% 100% Accident Spot Map 100% 100% 10 Year Accident Summary 100% 100% Streets of Major Importance 100% 100% Signals - Stop Signs 100% 100% Public Facilities 100% 100% Motor Vehicle Growth Chart 100% 100% Population Distribution 100% 100% Population Projection 100% 100% Existing Off-Street Parking 100% 100% Traffic Flow Map 100% 100% Existing Recreation of City-owned Lands 100% 100% Corona Del Mar Beach Development Plan 100% 100% Corona Del Mar Bath House Plan 100% 100% Tentative Land Use Plan 100% 100% Additional work accomplished: Review of present zoning ordinance and preparation of third draft of new zoning ordinance* Preparation of preliminary draft of a new subdivision ordinance. Consultant services are being given to the Planning Commission, and the Consultants have worked with the Commission on their day-to-day problems• The Consultants are also meeting with the Recreation Committee and cooperating with them in the development of the Recreation Plans Very truly yours, HAHN. CAMPBELL and ASSOCIATES LaftePce A. Wise LAW:vme