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HomeMy WebLinkAbout97-15 - Approving an Amendment to Districting Map #42 to Reclassify Six Properties Located Off of the South Side of Mesa Drive, Between Birch Street and Cypress Street, from the Unclassified "District to the Agricultural - Residential (R-A) District and aORDINANCE 97.45 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO DISTRICTING MAP #42 TO RECLASSIFY SIX PROPERTIES LOCATED OFF OF THE SOUTH SIDE OF MESA DRIVE, BETWEEN BIRCH STREET AND CYPRESS STREET, FROM THE UNCLASSIFIED "DISTRICT TO THE AGRICULTURAL - RESIDENTIAL (R -A) DISTRICT AND AN AMENDMENT TO CHAPTERS 20.00, 20.10, 20.65, AND 20.67 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH REGULATIONS TO ALLOW THE KEEPING OF LIVESTOCK AND TO REVISE MINIMUM LOT AREA AND LOT WIDTH REGULATIONS. [AMENDMENT 855] WHEREAS, the U District is no longer suitable to implement land use policy and is proposed to be deleted from the Zoning Code; and WHEREAS, prior to the deletion of the U District, all properties within this district need to be reclassified to another zoning district; and • WHEREAS, the R -A District is best suited to implement land use policy adopted for the subject properties; and WHEREAS, the R -A District needs to be revised to establish regulations to allow the keeping of livestock in order to preserve the rural character of the area; and WHEREAS, the R -A District's minimum lot area and lot width regulations need to be revised to better implement land use policies which prohibit the further subdivision of the subject properties; and WHEREAS, on November 7, 1996, December 5, 1996, and January 9, 1997, the Planning Commission of the City of Newport Beach held public hearings regarding this amendment; and WHEREAS, on March 24, 1997, the City Council of the City ofNewport Beach held a public hearing regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and • Ord 97 -15 WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the • proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Districting Map #42 shall be amended to read as provided in attached Exhibit "A." SECTION 2: Chapters 20.00, 20.10, 20.65, and 20.67 of Title 20 of the Newport Beach Municipal Code shall be amended to read as provided in attached Exhibit `B." SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach • held on March 24, 1997, and adopted on the 14th day of April 1997, by the following vote, to wit: • AYES, COUNCIL MEMBERS O'NEIL, THOMSON, EDWARDS, NOYES, MAYOR DEBAY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS HEDGES, GLOVER CITY CLERK ✓IAYOR 2 f 1 4� 4 q i� LL 5 A i4 n C) 0 f qt t 4q V t it t o � � II n ;'111 nnnnr \ z C �. idE #pE 4 t Y f • CHAPTER 20.10 RESIDENTIAL DISTRICTS Sections: Page 20.10 -1 Residential Districts 20.10.010 Specific Purposes 20.10.020 Residential Districts: Land Use Regulations 20.10.030 Residential Districts: Property Development Regulations 20.10.040 Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula 20.10.010 Specific Purposes Residential district regulations are intended to: A. Locate residential development in areas which are consistent with the General Plan and with standards of public health and safety established by the Municipal Code. B. Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic • congestion, and other adverse environmental effects. C. Promote development of quality housing affordable by low - and moderate - income households by providing a density bonus for projects in which a portion of the units are affordable for such households. D. Protect residential areas from fires, explosions, landslides, toxic fumes and substances, and other public safety hazards. E. Protect adjoining single- family residential districts from excessive loss of sun, light, quiet, and privacy resulting from proximity to multi- family development. F. Achieve design compatibility with surrounding neighborhoods. G. Provide sites for public and semipublic land uses which complement residential development or which require a residential environment. H. Provide public services and facilities to accommodate planned population densities. Specific residential districts are as follows: • EXHIBIT "B" Page 20.10 -2 Residential Districts Residential- Agricultural (R -A) District. Provides areas For single family residential and light farming • land uses. Single - Family Residential (R -1) District. Provides areas for single family residential land uses. Restricted Two Family Residential (R-1.5) District. Provides areas for single family and two family residential land uses with the total gross floor area of all buildings limited to a maximum floor area ratio of 1.5 times the buildable area. Two Fan& Residential &-2) Provide areas for single family and two family residential land uses. Multi- Family Residential (MFR, ) District. Provides areas for single family, two family, and multiple family residential land uses. 20.10.020 Residential Districts: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in residential districts, and includes special requirements, if any, applicable to specific uses. The letter 'P" designates use classifications permitted in residential districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval • of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Residential Districts: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Reputations) -- = Not Permitted R -A R -1 R -1.5 R -2 MFR Additional _ Regulations RESIDENTIAL (A), (g) (C) DAY CARE, LIMITED P P P P P GROUP RESIDENTIAL P - -- - -- - -- - -- • RESIDENTIAL CARE, LIMITED P P P P P EXHIBIT "B" Page 20.10 -3 Residential Districts Residential Districts: Land Use Regulations • P = Permitted L -I UP = Use pemtit L -I PD/U = Use permit issued by the Planning Director L -2 L = Limited (see Additional Use Reputations) L -2 -- ° Not Permitted R -A R -1 R -1.5 R -2 MFR Additional Regulations SINGLE FAMILY RESIDENTIAL - -- P P P P (D), (E) MULTI - FAMILY RESIDENTIAL - -- - -- - -- - -- P (D) TWO - FAMILY RESIDENTIAL - -- - -- P P P (D) COMMERCIAL USES HORTICULTURE, LIMITED NURSERIES VEHICLE/EQUIPMENT SALES AND SERVICES - COMMERCIAL PARKING FACILITY VISITOR ACCOMMODATIONS -BED & BREAKFAST INNS -SRO RESIDENTIAL HOTELS AGRICULTURAL AND EXTRACTIVE USES ANIMAL HUSBANDRY CROP PRODUCTION MINING AND PROCESSING ACCESSORY USES • ACCESSORY STRUCTURES AND USES (A), (B), (C) - -- PUBLICAND SEMI - PUBLIC L -I CEMETERIES L -I CLUBS AND LODGES L -2 CONVALESCENT FACILITIES L -2 DAY CARE, GENERAL - -- GOVERNMENT OFFICES UP HOSPITALS UP PARK & RECREATION FACILITIES UP PUBLIC SAFETY FACILITIES UP RELIGIOUS ASSEMBLY • RESIDENTIAL CARE, GENERAL UP SCHOOLS, PUBLIC AND PRIVATE UP UTILITIES, MAJOR UP UTILITIES, MINOR COMMERCIAL USES HORTICULTURE, LIMITED NURSERIES VEHICLE/EQUIPMENT SALES AND SERVICES - COMMERCIAL PARKING FACILITY VISITOR ACCOMMODATIONS -BED & BREAKFAST INNS -SRO RESIDENTIAL HOTELS AGRICULTURAL AND EXTRACTIVE USES ANIMAL HUSBANDRY CROP PRODUCTION MINING AND PROCESSING ACCESSORY USES • ACCESSORY STRUCTURES AND USES (A), (B), (C) - -- L -1 L -I L -1 L -I - -- L -2 L -2 L -2 L -2 - -- UP UP UP UP - -- UP UP UP UP --- UP UP UP UP - -- UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP P P P P P (A), (B), (C) P- -- - -- - -- - -- PD/U - -- - -- --- - -- --- L -3 L -3 L -3 L -3 - -- - -- - -- UP UP (F) - -- - -- - -- - -- UP (A), (B), (C) PD/U - -- - -- - -- (Cr) P- -- - -- - -- --- L-4 L -4 L -4 L -4 L -4 (1) (A), (B), (C) P/UP P/UP P/UP P/UP P/UP (I) EXHIBIT "B" Page 20.10 -4 Residential Districts Residential Districts: Land Use Regulations • P = Permitted UP = Use pemit PD/U = Use permit issued by the Planning Director L — Limited (see Additional Use Regulations) -- — Not Pertnitted Residential Districts: Additional Land Use Regulations L -1 20 acres minimum. L -2 Limited to yacht clubs, use permit required. • L -3 Public or no fee private lots for automobiles may be permitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case. • L -4 See Chapter 20.81: Oil Wells. L -5 Subject to the approval of the Planning Director. (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) Any dwelling unit otherwise permitted by this code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of 1. A Business License pursuant to Chapter 5.04 of the Municipal Code. EXHIBIT `B" R -A R -1 R -1.5 R -2 MFR Additional Regulations TEMPORARY USES (A), (B), (C) CIRCUSES AND CARNIVALS P P P P P (K) COMMERCIAL FILMING, LIMITED P P P P P (K) GARAGE AND YARD SALES P P P P P HELIPORTS, TEMPORARY L -5 - -- - -- - -- L -5 (.n REAL ESTATE OFFICES, TEMPORARY L -5 L -5 L -5 L -5 L -5 (B) Residential Districts: Additional Land Use Regulations L -1 20 acres minimum. L -2 Limited to yacht clubs, use permit required. • L -3 Public or no fee private lots for automobiles may be permitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case. • L -4 See Chapter 20.81: Oil Wells. L -5 Subject to the approval of the Planning Director. (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) Any dwelling unit otherwise permitted by this code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of 1. A Business License pursuant to Chapter 5.04 of the Municipal Code. EXHIBIT `B" Page 20.10 -5 Residential Districts 2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 • of the Municipal Code. 3. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code. (E) See Chapter 20.85: Accessory Dwelling Units. (F) See Section 20.60.110: Bed and Breakfast Inns. (G) Keeping of Animals in the R -A District. The following regulations shall apply to the keeping of animals in the R -A District: Large Animal s. The keeping of large animals (as defined in Section 20.030.030) shall be subject to the following regulations: a. Horses. One horse may be kept for each 10,000 square feet of lot area, up to a maximum of 3 horses, provided the horse or horses are kept for recreational purposes only. The keeping of or more horses for recreational uses shall require a use permit issued by the Planning Director. The keeping of horses for commercial purposes shall require a use permit issued by the Planning • Commission. b. Other Large Animals. Other large animals, including goats, sheep, pigs and cows, may be kept on lots of 15,000 square feet or more and the number shall not exceed 2 adult animals of any one species. • C. Total Number Permitted. The total number of large animals shall not exceed 6. Offspring are exempt until such time as they are weaned. Domestic and Exotic Animals. The number of domestic and exotic animals (as defined in Section 20.03.030) shall not exceed 6. Offspring are exempt up to the age of 3 months. The keeping of 4 or more dogs over the age of three 3 months shall require a kennel license pursuant to Section 7.04.090 of the Municipal Code. The keeping of wild animals shall require a permit pursuant to Chapter 7.08 of the Municipal Code. Small Animals. The number of small animals, other than domestic and exotic animals (as defined in Section 20.03.030), shall not exceed 6. Offspring are exempt up to the age of 3 months. EXHIBIT "B" Page 20.10 -6 Residential Districts 4. Control. • a. Domestic Animals. No such animals, except for cats, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure or otherwise under the control of the owner of the property. b. Other Animals. No animal, other than domestic animals, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure. (II) See Chapter 20.81: Oil Wells. (I) See Section 20.60.100: Home Occupations in .Residential Districts. (J) See Section 20.60.055: Heliports and Helistops (K) Special event permit required, see Chapter 5.10 of the Municipal Code. 20.10.030 Residential Districts: Property Development Regulations The following schedule prescribes development regulations for residential districts. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere Aak in this code. Residential Districts: Property Development Regulations R -A R -1 R -1.5 R -2 MFR Additional Regulations Minimum Site Area per - -- - -- 1,000 1,000 1,200 (A), (13) Unit (sq.ft.) Minimum Lot Area (sq. ft.) -Comer Lots (sq. ft.) Minimum Lot Width (ft.) -Comer Lots (ft.) Minimum Yards: Front (ft.) Side (ft.) Comer Side (ft.) Rear (ft.) - Abutting an alley (ft.) u 87,120 5,000 5,000 5,000 87,120 6,000 5,000 6,000 125 50 - -- 50 125 60 - -- 60 20 20 20 20 5 3 ;4 3;4 3;4 5 3;4 3 ;4 3;4 15;25 10 10 10 5,000 (A) 6,000 (A) 50 (A) 60 (A) 20 (C), (D), (E), (F), (H) 3 ;4 (C), (D), (E), (G), (II) 3;4 (C), (D), (E), (G), (H) 10 (C), (D), (E), (H) (I) EXHIBIT `B" Page 20.10 -7 Residential Districts Residential Districts: Property Development Regulations • R -A R -1 R -1.5 R -2 MFR Additional Regulations Distance Between Detached Buildings (,1) Maximum Height (ft.) Maximum Floor Area Limit Maximum Coverage Required Open Space Off - Street Parldng and Loading (K), (L) - -- 2.00 1.50 2.00 1.75 (K), (M) 40% (1) (K),(0) (P) Residential Districts: Additional Property Development Regulations (A) See Section 20.60.040: Development on Substandard Lots and Across Property Lines. (B) See Section 20.60.045: Slopes and Submerged Lands. • (C) See Section 20.60.030: Extensions Into Yards. (D) See Section 20.60.020: Accessory Structures and Mechanical Equipment. (E) See Section 20.60.035: Changes in Yard Requirements. (F) R -1, R -1.5, R -2, and MFR Districts. The minimum depth required for front yards shall be 20 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. (G) R -1, R -1.5- and R -2, Districts. Each side yard shall be not less than 3 feet wide on development sites 40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. MFR District. Each side yard shall not be less than 3 feet wide on sites 40 feet wide or less; 4 feet wide on lots wider than 40 feet and narrower than 50 feet; and shall be equal in width to 8 percent of the average lot width for lots 50 feet or greater in width; provided that in no • event shall a side yard wider than 25 feet be required; and provided further that the side yard EXHIBIT "B" on the rear 20 feet of the street side of a • corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. • (H) • Page 20.10 -8 Residential Districts Inferior lof Key lof T fief Street Diagrams 20.10.030 (G): Setbacks on Reversed Frontages R -A District. All structures housing animals (i.e., corrals, stalls, pens, cages, doghouses) shall maintain the following setbacks: From Public Rights -of -Way From Another R -A District Property From Properties in Other Zoning Districts Front 50 - -- - -- Side 20 5 s Rear 20 5 _ s � m Street Diagrams 20.10.030 (G): Setbacks on Reversed Frontages R -A District. All structures housing animals (i.e., corrals, stalls, pens, cages, doghouses) shall maintain the following setbacks: In addition to the setbacks established above, all structures housing animals shall be located a minimum of 35 feet from any building used as a dwelling on adjacent properties. All animal exercise areas and pasturing areas (i.e., paddocks, runs, racecourses, show grounds) may be located at the property line, however, shall maintain a 25 foot setback from the front property line abutting a public right -of -way and a 10 foot setback from any side property line abutting a public right -of -way. EXIIIBIT `B" From Public Rights -of -Way From Another R -A District Property From Properties in Other Zoning Districts Front 50 - -- - -- Side 20 5 25 Rear 20 5 25 In addition to the setbacks established above, all structures housing animals shall be located a minimum of 35 feet from any building used as a dwelling on adjacent properties. All animal exercise areas and pasturing areas (i.e., paddocks, runs, racecourses, show grounds) may be located at the property line, however, shall maintain a 25 foot setback from the front property line abutting a public right -of -way and a 10 foot setback from any side property line abutting a public right -of -way. EXIIIBIT `B" Page 20.10 -9 Residential Districts (I) In residential districts having alleys to the rear of lots or development sites shall maintain the • following setbacks from rear property line, clear of all obstructions, except as provided in Section 20.60.030 (A -6) and Section 20.60.030 (I): Alley Width Setback 15' or less 5' 15' -1" to 19' -11" T -9" 20' or more 0' Roll -up garage doors shall be required when garage door openings are located closer than 2'/2 feet to alleys with widths of 20 feet or more. (J) R -1.5, R -2, and MFR Districts. 10 feet shall be maintained between buildings. This requirement shall not apply to buildings attached by a solid roof structure, a minimum of 4 feet wide. (K) R -1 District in Corona del Mar, West Newport, and the Balboa Peninsula. See Section 20.10.040: Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula. (L) See Chapter 20.65: Height Limits. • (M) R -1, R -1.5, and R -2 Districts. The total gross floor area in all buildings and structures on a development site shall not exceed the following: R -1 District: 2 times the buildable area of the site. R -1.5 District: 1.5 times the buildable area of the site. R -2 District: 2 times the buildable area of the site. Exceptions- The following structures shall not be included in the calculation of the gross floor area: Covered parking spaces which are open on at least 2 sides, or open on one side and one end and which are not needed to meet off - street parking requirements for covered parking. 2. 25 square feet of storage area adjacent to or a part of a parking space on a lot less than 32 feet wide; provided that no plumbing is located in said area, and provided that 3 parking spaces are provided side by side across one end of the lot. • EXHIBIT "B" Page 20.10 -10 Residential Districts 3. Decks, balconies or patios open on at least 2 sides or open on one side and • uncovered. MFR District. The total gross floor area contained in all buildings and structures on a development site shall not exceed 1.75 times the buildable area of the site; provided that up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area. Calculation. Uninhabitable rooms and spaces of a building which measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. Area considered to be a remnd floor and the floor area will be calculated towardr the maximum floor area limit j etht eHit Spate Spare W el dremge Bedroom Hall Garage Diagram 20.10.030 (M): Calculation of Maximum Floor Area Limit (N) R -1, R -1.5, and R -2 Districts. The maximum development site area permitted shall be full coverage, less required front, side and rear yards. (0) R -2 District. Open space shall be provided in addition to the required setbacks and separations between detached structures. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times 6 feet and may be provided anywhere on the lot behind the required setback lines. This open space shall be open on at least 2 sides and shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in all directions. Roofs, balconies, decks, patios, cornices, • EXHIBIT "B" Page 20.10 -11 Residential Districts exterior stairways with open risers and open railings, and architectural features may project • into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure of any portion thereof. MFR District. An open space volume equal to 6 times the buildable area of the lot shall be provided in addition to any required setbacks. This open space shall be open on at least 2 sides, one of which may be the sky. Roofs, balconies, decks, patios, cornices, exterior stairways, and architectural features may project into this area. At least 50 percent of the required open space shall be open to the sky and open on at least 2 additional sides, except for eaves and architectural features which may project into areas otherwise open to the sky. Required open space shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in all directions. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. A minimum of 25 percent of the required open space shall be contiguous to the required front yard setback, and a minimum of 25 percent of the required open space shall be contiguous to the required rear yard setback. (P) See Chapter 20.66: Off - Street Parking and Loading. is20.10.040 Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula A. Applicability. The residential development standards contained in this section shall apply to all dwellings located in the R- t District in Corona del Mar, West Newport and the Balboa Peninsula as those areas are more particularly described below. Dwellings in those areas shall also be subject to all other provisions of this code. Where there is a conflict between this chapter and another provision of this code, the provisions of this chapter shall be controlling. The areas of Corona del Mar in which the provisions of this chapter shall be controlling are more particularly described as follows: -That area connnonly referred to as old Corona del Mar generally bounded by Avocado Avenue, Pacific Coast Highway, Fifth Avenue, the easterly boundary of the Corona del Mar tract, the Pacific Ocean and the Harbor entrance; and more specifically described as that area included in Annexation #3 as described in Ordinance No. 252 of the City of Newport Beach, approved on February 27, 1924. 2. The areas of West Newport and the Balboa Peninsula in which the provisions • of this chapter shall be controlling are more particularly described as follows: EXHIBIT "B" Page 20.10 -12 Residential Districts That area commonly referred to as West Newport and the Balboa Peninsula generally • bounded by the Semeniuk Slough, Pacific Coast Highway, the West Lido Channel, the Newport Channel, the Main Channel, the Harbor Entrance, the Pacific Ocean and the Santa Ana River, and more specifically described as follows: Beginning at the intersection of the westerly boundary of the City of Newport Beach and the Mean High Tide Line of the Pacific Ocean; thence proceeding northerly along said City Boundary to the intersection of said Boundary with the northerly ri ght -of -way line of Pacific Coast Highway; thence due East a distance of l f foot to an intersection with the City Boundary on the easterly side of that certain 1 foot strip shown on Annex No. 21, Ordinance No. 630, 10/31/1950; thence proceeding easterly, northerly, easterly and southerly along said City Boundary to an intersection with the northerly right -of -way line of Pacific Coast Highway; thence proceeding southerly along a perpendicular to said right -of -way line to the center -line of Pacific Coast Highway; thence easterly along said centerline to an intersection with the centerline of Newport Boulevard; thence southerly along said centerline of Newport Boulevard to an intersection with the southerly Bulkhead of the Newport Island Channel, said point being westerly of U.S. Bulkhead Station #126 on the U.S. Bulkhead Line; thence easterly to said U.S. Bulkhead Station #126; thence continuing along the U.S. Bulkhead Line to U.S. Bulkhead Station #114; thence northeasterly in a straight line to U.S. Bulkhead Station #162; thence southerly in a straight line to U.S. Bulkhead Station #113, and thence proceeding along the U.S. Bulkhead to U.S. Bulkhead Station # 107; thence continuing southerly along the prolongation of the U. S. Bulkhead Line to an intersection with the Mean High Tide Line; thence westerly and northwesterly along said Mean High Tide Line to the point of Beginning. • B. Building Height and Floor Area Limit 1. In the R -1 District in the areas of West Newport and the Balboa Peninsula, the total gross floor area, including basements, garages and carports, but excluding decks, balconies or patios open on at least 2 sides, contained in all buildings on a site shall not exceed 2 times the buildable area of the site. In the area designated as Old Corona del Mar, the total gross floor area shall not exceed 1.5 times the buildable area of the site. For dwellings and permitted accessory buildings, the building height limit shall be 24/28 as specified in Chapter 20.65. Calculation. For purposes of calculating the allowable gross floor areas, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. C. Open Space Option. In the R -1 and R -2 Districts as designated in this section, open space shall be provided in addition to the required front yard setback. This additional open space shall be a volume of space equal to the buildable width of the lot, times • the basic height limit, times 6 feet and may be provided anywhere on the lot behind EXHIBIT "B" the required yard setback lines. This open space shall be open on at least 2 sides and shall have a minimum dimension in any direction of at least 6 feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension • of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in any direction. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. Revisions to Chapters 20.00, 20.65, and 20.67 SECTION 20.00.040 20.00.040 Base Districts Designated A. The base zoning districts established are as follows: Residential- Agricultural (R -A) District Single - Family Residential (R -1) District Restricted Two Family Residential (R- 1.5) District Two Family Residential (R -2) District Multi - Family Residential (MFR) District • Retail Service Commercial (RSC) District Administrative, Professional, & Financial Commercial (APF) District Recreational & Marine Commercial (RMC) District Manufacturing District (M -1) District Controlled Manufacturing (M -1 -A) District Industrial Business Park (IBP) District Government, Educational, and Institutional Facilities (GEIF) District Open Space (OS) District Specific Plan (SP) District Planned Community (PC) District L� SECTION 20.65.040 (A) A. 24/28 Foot Height Limitation Zone. In the 24/28 Foot Height Limitation Zone the height limit for any structure shall be 24 feet; provided, however, that a structure may exceed 24 feet up to a maximum of 28 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all R -A, R -1, R -1.5, R -2, and OS Districts. EXHIBIT "B" SECTION 20.67.035 (A- I -a -II (1) In the R -A, R -1, R -1.5, R -2, and PRD Districts, as well as PC • Districts which provide for residential uses and contain no specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following: • • EXHIBIT `B" • • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 97 -15 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th day of April, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O Neil, Thomson, Edwards, Noyes, and Mayor Debay Noes: None Absent: Hedges, Glover Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of April, 1997. (Seal) City Clerk of the City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF NEWPORT BEACH ) I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 97 -15 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: April 21, 1997. In witness whereof, I have hereunto subscribed my name this 28th day of it 1997. City Clerk of the City of Newport Beach, California