HomeMy WebLinkAbout2010-21 - Adopting a Comprehensive Update of Title 20 – Planning and Zoning of the Newport Beach Municipal CodeORDINANCE NO. 2010-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING A
COMPREHENSIVE UPDATE OF TITLE 20 - PLANNING
AND ZONING OF THE NEWPORT BEACH MUNICIPAL
CODE
WHEREAS, The Newport Beach City Council adopted Resolution No. 2006-76
on July 25, 2006, approving a comprehensive update to the Newport Beach General
Plan ("General Plan Update").
WHEREAS, Pursuant to City Charter Section 423 and the Measure S Guidelines,
the General Plan Update was considered to be a "major amendment" due to the
resulting increases in density, intensity and traffic. Consistent with City Charter Section
423, the General Plan Update was placed on the ballot for the November 7, 2007,
General Election. The electorate approved the increases associated with the General
Plan Update.
WHEREAS, Chapter 13 of the General Plan contains the City's implementation
program to carry out the goals and policies of the General Plan. Implementation Program
2.1 calls for a review and amendment of the City's Zoning Code for consistency with the
General Plan.
WHEREAS, Section 10 of City Council Resolution No. 2006-76 directed the
Planning Department to begin the preparation of a revised zoning ordinances, subdivision
and other ordinances necessary to implement the General Plan.
WHEREAS, City Council Resolution No. 2006-106 established the General
Plan/Local Coastal Plan Implementation Committee that was charged with developing a
work program and revisions of the Zoning Code Update.
WHEREAS, The General Plan Local Coastal Plan Implementation Committee held
over 45 public meetings to discuss the zoning code update project.
WHEREAS, In coordination with the General Plan/Local Coastal Plan
Implementation Committee, City staff prepared a comprehensive update of the Zoning
Code, which includes new zoning districts, new use classifications, updated and revised
definitions, new and amended development standards, updated Zoning Maps, and
modified administrative procedures ('Zoning Code Update"). The Zoning Code Update
is a complete replacement of the City's current zoning regulations. The Zoning Code
Update reflect the land use designations and policies established by the Land Use
Element of the General Plan.
WHEREAS, in accordance with the Airport Environs Land Use Plan (AELUP),
the Zoning Code Update was reviewed by the Airport Land Use Commission and found
was found to be consistent with the inclusion of suggested revisions that have been
incorporated within the Zoning Code Update.
WHEREAS, In accordance with Chapter 20.94 of the Zoning Code, the Planning
Commission considered the proposed Zoning Code Update, an Initial Study, and Negative
Declaration and received public testimony during a series of public hearings held on June
3, 2010, June 15, 2010, June 17, 2010, June 24, 2010, July 15, 2010, and July 29, 2010
that were duly noticed as required by the California Government Code.
WHEREAS, The City Council considered the proposed Zoning Code Update and
an Initial Study and Negative Declaration and received public testimony during a public
hearing held on October 12, 2010, that were duly noticed as required by the California
Government Code.
WHEREAS, the City Council incorporates the CEQA determination and all facts
and findings from Resolution No adopting a Negative Declaration for the Zoning
Code Update by reference.
WHEREAS, the City Council of the City of Newport Beach, California, hereby
finds as follows:
1. The General Plan Update, approved by voters in 2006, reflects the community's
vision for Newport Beach, and provides policies for realizing this vision. The
zoning code is an important tool for implementing land use related policies of the
Newport Beach General Plan.
2. The Zoning Code Update is consistent with the General Plan.
3. The Zoning Code Update is consistent with the certified Coastal Land Use Plan.
4. The Zoning Code update is consistent with the Airport Environs Plan Land Use
Plan (AELUP) for John Wayne Airport.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is
hereby amended in its entirety to read as provided in Exhibit "A".
SECTION 2: The following projects or permit applications may be allowed and ministerial
permits issued provided they are found consistent with prior discretionary approvals, the
General Plan, and the Municipal Code in effect on the effective date of Zoning Code
Update (Exhibit "A").
All discretionary applications and Approval in Concept's (AIC's) submitted and
deemed complete prior to the effective date of this ordinance.
Ministerial applications (e.g. building permits) submitted prior January 1, 2011.
Applications for ministerial permits associated with previously approved and
unexpired discretionary permits.
4. Projects under construction with valid building permits.
SECTION 3: Any permit, license or approval issued pursuant to this ordinance shall be
consistent with the City of Newport Beach General Plan. In all cases where there is a
conflict between this ordinance and the General Plan, the General Plan shall prevail.
SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held on the 12th day of October 2010, and adopted on the 26th day
of October 2010, by the following vote, to wit:
AYES, COUNCILMEMBERS Selich. Bosan' kv_
Henn,Webb,Gardner, Daigle,Mayor Curry
NOES, COUNCILMEMBERS Nona
ABSENT COUNCILMEMBERS None
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
David R. Hunt, City Aft rney
For the City of Newpo Beach
3
Zoning Code
Title 20
City Council Draft
October 2010
-miPah
TOC
Newport Beach Zoning Code
Title 20
Table of Contents
Part 1
Zoning Code Applicability
Chapter 20.10 — Purpose and Applicability of the Zoning Code .................................................
1-3
20.10. 010
— Title............................................................................................................................1-3
20.10.020
— Purpose.....................................................................................................................1-3
20.10.030
— Authority, Relationship to General Plan......................................................................1-3
20.10.040
— Applicability of Zoning Code.......................................................................................1-3
20.10.050
— Responsibility for Administration................................................................................1-5
Chapter 20.12 — Interpretation of Zoning Code Provisions......................................................... 1-7
20.12.010 — Purpose.....................................................................................................................1-7
20.12.020 — Rules of Interpretation................................................................................................1-7
Chapter20.14 — Zoning Map....................................................................................................... 1-11
20.14.010 — Zoning Map Adopted by Reference..........................................................................1-11
20.14.020 — Zoning Districts Established.....................................................................................1-11
20.14.030 — Zoning District Symbols............................................................................................1-12
Part 2
Zoning Districts, Allowable Land Uses,
and Zoning District Standards
Chapter 20.16 — Development and Land Use Approval Requirements ...................................... 2-3
20.16.010 — Purpose.....................................................................................................................2-3
20.16.020 — General Requirements for Development and New Land Uses....................................2-3
20.16.030 — Allowable Land Uses and Planning Permit Requirements..........................................2-4
20.16.040 — Short Term Uses and Structures................................................................................2-5
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Purpose and Applicability of the Zoning Code
20.16.050
— Special Events...........................................................................................................2-5
20.16.060
— Additional Permits and Approvals may be Required...................................................2-5
Chapter 20.18 — Residential Zoning Districts [R -A, R-1, R -BI, R-2, RM, RMD]........................... 2-7
20.18.010
— Purposes of Residential Zoning Districts....................................................................2-7
20.18.020
— Residential Zoning Districts Land Uses and Permit Requirements.............................2-7
20.18.030
— Residential Zoning Districts General Development Standards....................................2-9
Chapter 20.20 — Commercial Zoning Districts [OA, OG, OM, OR, CC, CG, CM, CN, CV] ........
2-19
20.20.010
— Purposes of Commercial Zoning Districts.................................................................2-19
20.20.020
— Commercial Zoning Districts Land Uses and Permit Requirements ..........................2-20
20.20.030
— Commercial Zoning Districts General Development Standards................................2-26
Chapter 20.22 — Mixed -Use Zoning Districts [MU -V, MU -MM, MU -DW, MU-CV/15th St, MU
-W1,
MU-W2].........................................................................................................................................
2-31
20.22.010
— Purposes of Mixed -Use Zoning Districts...................................................................2-31
20.22.020
— Mixed -Use Zoning Districts Land Uses and Permit Requirements............................2-32
20.22.030
— Mixed -Use Zoning Districts General Development Standards..................................2-41
Chapter 20.24 — Industrial Zoning District [IG]..........................................................................
2-47
20.24.010
—Purposes of Industrial Zoning District.......................................................................2-47
20.24.020
— Industrial Zoning District Land Uses and Permit Requirements................................2-47
20.24.030
— Industrial Zoning Districts General Development Standards.....................................2-51
Chapter 20.26 — Special Purpose Zoning Districts [OS, PC, PF, PI, and PR] ...........................
2-53
20.26.010
— Purposes of Special Purpose Zoning Districts..........................................................2-53
20.26.020
— Special Purpose Zoning Districts Land Uses and Permit Requirements ...................2-54
20.26.030
— Special Purpose Zoning Districts General Development Standards .........................2-56
Chapter 20.28 — Overlay Zoning Districts [MHP, PM, B, and C] ................................................
2-59
20.28.010
— Purposes of Overlay Zoning Districts.......................................................................2-59
20.28.020
— Mobile Home Park (MHP) Overlay Zoning District....................................................2-59
20.28.030
— Parking Management (PM) Overlay District..............................................................2-60
20.28.040
— Bluff (B) Overlay District...........................................................................................2-61
20.28.050
— Reserved..................................................................................................................2-68
Part 3
Site Planning and Development
Standards
Chapter 20.30 — Property Development Standards..................................................................... 3-5
20.30.010 — Purpose and Applicability...........................................................................................3-5
20.30.020 — Buffering and Screening.............................................................................................3-5
20.30.030 — Reserved....................................................................................................................3-7
20.30.040 — Fences, Hedges, Walls, and Retaining Walls.............................................................3-7
20.30.050 — Grade Establishment................................................................................................3-10
20.30.060 — Height Limits and Exceptions...................................................................................3-13
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20.30.070
— Outdoor Lighting.......................................................................................................3-18
20.38.010
20.30.080
— Noise........................................................................................................................3-19
20.38.020
20.30.090
— Public Access to Bay Front......................................................................................
3-20
20.30.100
— Public View Protection..............................................................................................3-21
20.38.040
20.30.110
— Setback Regulations and Exceptions.......................................................................3-22
20.38.050
20.30.120
— Solid Waste and Recyclable Materials Storage........................................................3-29
20.38.060
20.30.130
— Traffic Safety Visibility Area......................................................................................3-32
20.38.070
Chapter 20.32 — Density Bonus..................................................................................................
3-34
20.32.010
— Purpose...................................................................................................................3-34
20.32.020
— Eligibility for Density Bonus and Incentives..............................................................3-34
20.32.030
— Allowed Density Bonuses.........................................................................................3-35
20.32.040
— Parking Requirements in Density Bonus Projects.....................................................3-40
20.32.050
—Allowed Incentives...................................................................................................3-41
20.32.060
— Incentives for Housing with Child Care Facilities......................................................3-42
20.32.070
— Design and Distribution of Affordable Units..............................................................
3-43
20.32.080
— Continued Availability...............................................................................................3-43
20.32.090
— Occupancy and Resale of Common Interest Units . ..................................................
3-43
20.32.100
— Affordable Housing Agreement................................................................................3-44
Chapter 20.34 — Conversion or Demolition of Affordable Housing ..........................................
3-46
20.34.010
— Purpose...................................................................................................................3-46
20.34.020
— Applicability..............................................................................................................3-46
20.34.030
— Exemptions..............................................................................................................3-46
20.34.040
— Review Authority......................................................................................................3-47
20.34.050
— Replacement of Affordable Housing.........................................................................3-47
20.34.060
— Determining Requirements for Replacement Units...................................................3-48
20.34.070
— Feasibility Analysis...................................................................................................3-49
20.34.080
— Administration and Feasibility Analysis Fees............................................................3-49
20.34.090
— Findings to Conclude that Replacement of Units is Not Feasible..............................3-50
20.34.100
— Affordable Housing Agreement................................................................................3-50
Chapter 20.36 — Landscaping Standards...................................................................................
3-52
20.36.010
— Purpose...................................................................................................................3-52
20.36.020
— Applicability..............................................................................................................3-52
20.36.030
— Exempt Projects.......................................................................................................3-52
20.36.040
— Alternatives to Requirements...................................................................................
3-53
20.36.050
— General Landscape Standards.................................................................................3-53
20.36.060
— Landscape and Irrigation Plans................................................................................3-54
20.36.070
— Landscape and Irrigation Plan Standards.................................................................3-54
Chapter 20.38 — Nonconforming Uses and Structures..............................................................
3-58
20.38.010
— Purpose...................................................................................................................3-58
20.38.020
— Applicability..............................................................................................................3-58
20.38.030
— Determination of Nonconformity...............................................................................3-59
20.38.040
— Nonconforming Structures........................................................................................3-59
20.38.050
— Nonconforming Uses................................................................................................3-61
20.38.060
— Nonconforming Parking............................................................................................3-61
20.38.070
— Landmark Structures................................................................................................3-63
20.38.080
— Repair of Damaged or Partially Destroyed Nonconformities.....................................3-64
20.38.090
— Termination of Nonconforming Status......................................................................3-65
20.38.100
— Abatement Periods...................................................................................................3-66
Chapter 20.40 — Off -Street Parking............................................................................................. 3-72
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Purpose and Applicability of the Zoning Code
20.40.010
— Purpose...................................................................................................................3-72
20.40.020
— Applicability..............................................................................................................3-72
20.40.030
— Requirements for Off -Street Parking........................................................................3-73
20.40.040
— Off -Street Parking Spaces Required........................................................................3-74
20.40.050
— Parking Requirements for Shopping Centers...........................................................3-78
20.40.060
— Parking Requirements for Food Service Uses..........................................................3-79
20.40.070
— Development Standards for Parking Areas...............................................................3-80
20.40.080
— Parking for Nonresidential Uses in Residential Zoning Districts................................3-85
3-143
20.40.090
— Parking Standards for Residential Uses...................................................................3-86
20.40. 100
— Off -Site Parking........................................................................................................3-88
20.40.110
— Adjustments to Off -Street Parking Requirements.....................................................3-89
20.40.120
— Parking Management Districts..................................................................................3-90
20.40.130
— In -lieu Parking Fee...................................................................................................3-90
Chapter 20.42 — Sign Standards.................................................................................................
3-92
20.42.010
— Purpose...................................................................................................................3-92
20.42.020
— Effect of Chapter......................................................................................................3-93
20.42.030
— General Provisions...................................................................................................3-94
20.42.040
— Definitions................................................................................................................3-95
20.42.050
— Prohibited Signs.....................................................................................................3-102
20.42.060
— Provisions Applying to All Sign Types....................................................................3-103
20.42.070
— Standards for Permanent Signs.............................................................................3-105
20.42.080
— Standards for Specific Types of Permanent Signs..................................................3-113
20.42.090
— Standards for Temporary Signs..............................................................................3-124
20.42.100
— Procedures for Sign Approval, Exemptions, and Revocations................................3-128
20.42.110
— Modification Permit.................................................................................................3-131
20.42.120
— Comprehensive Sign Program...............................................................................3-131
20.42.130
— Innovative Sign Program........................................................................................3-133
20.42.140
— Nonconforming Signs.............................................................................................3-134
20.42.150
— Abandoned Signs...................................................................................................3-135
20.42.160
— Illegal Signs............................................................................................................3-136
20.42.170
— Maintenance Requirements...................................................................................3-136
20.42.180
— Heritage Signs.......................................................................................................3-137
Chapter 20.44 — Transportation Demand Management Requirements ..................................
3-141
20.44.010
— Purpose.................................................................................................................3-141
20.44.020
— Applicability............................................................................................................3-141
20.44.030
— Transportation Demand Management Program......................................................3-141
20.44.040
— Employment Generation Factors............................................................................3-142
20.44.050
— Site Development Requirements............................................................................3-142
20.44.060
— Equivalent Facilities or Measures...........................................................................3-143
20.44.070
— Enforcement and Penalties....................................................................................
3-143
Chapter 20.46 — Transfer of Development Rights....................................................................
3-145
20.46.010
— Purpose.................................................................................................................3-145
20.46.020
— Applicability............................................................................................................3-145
20.46.030
— General Requirements...........................................................................................3-145
20.46.040
— Procedures.............................................................................................................3-145
20.46.050
— Findings.................................................................................................................3-146
Newport Beach Zoning Code, Title 20 October 2010
TOC
Part 4
Standards for Specific Land Uses
Chapter 20.48 — Standards for Specific Land Uses..................................................................... 4-3
20.48.010
— Purpose.....................................................................................................................4-3
20.48.020
— Adult -Oriented Businesses.........................................................................................4-3
20.48.030
— Alcohol Sales.............................................................................................................4-4
20.48.040
— Animal-Keeping..........................................................................................................4-8
20.48.050
— Animal Sales and Services.......................................................................................4-10
20.50.040
20.48.060
— Bed and Breakfast Inns............................................................................................4-11
20.50.050
20.48.070
— Day Care Facilities (Adult and Child)........................................................................4-12
20.50.060
20.48.080
— Drive -Through and Drive -Up Facilities......................................................................4-13
20.50.070
20.48.090
— Eating and Drinking Establishments.........................................................................4-14
20.50.080
20.48.100
— Emergency Shelters.................................................................................................4-18
20.48.110
— Home Occupations...................................................................................................4-20
20.48.120
— Massage Establishments and Services....................................................................4-21
20.48.130
— Mixed -Use Projects..................................................................................................4-22
20.48.140
— Outdoor Storage, Display, and Activities..................................................................4-24
20.48.150
— Personal Property Sales in Residential Districts.......................................................4-26
20.48.160
— Recycling Facilities...................................................................................................4-26
20.48.170
— Residential Care Facilities........................................................................................4-27
20.48.180
— Residential Development Standards and Design Criteria . ........................................
4-29
20.48.190
— Satellite Antennas and Amateur Radio Facilities......................................................4-31
20.48.200
— Senior Accessory Dwelling Units..............................................................................4-34
20.48.210
— Service Stations.......................................................................................................4-35
20.48.220
— Time Share Facilities................................................................................................4-41
Part 5
Planning Permit Procedures
Chapter 20.50 — Permit Application Filing and Processing........................................................
5-3
20.50.010
— Purpose.....................................................................................................................5-3
20.50.020
— Authority for Land Use and Zoning Decisions.............................................................5-3
20.50.030
— Multiple Permit Applications.......................................................................................5-3
20.50.040
— Application Preparation and Filing..............................................................................5-5
20.50.050
— Application Fees.........................................................................................................5-5
20.50.060
— Initial Application Review............................................................................................5-6
20.50.070
— Project Evaluation and Staff Reports..........................................................................5-7
20.50.080
— Environmental Review................................................................................................5-7
Chapter 20.52 — Permit Review Procedures................................................................................. 5-9
20.52.010 — Purpose.....................................................................................................................5-9
October 2010 Newport Beach Zoning Code, Title 20
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Purpose and Applicability of the Zoning Code
20.52.020
— Conditional Use Permits and Minor Use Permits........................................................5-9
20.54.010
20.52.030
— Conditional Use Permits in Residential Zoning Districts...........................................5-11
20.54.020
20.52.040
— Limited Term Permits...............................................................................................5-16
20.54.030
20.52.050
— Modification Permits.................................................................................................5-21
20.54.040
20.52.060
— Planned Development Permits.................................................................................5-24
20.54.050
20.52.070
— Reasonable Accommodations..................................................................................5-26
20.54.060
20.52.080
— Site Development Reviews......................................................................................5-31
20.54.070
20.52.090
— Variances.................................................................................................................5-35
20.54.080
20.52.100
—Zoning Clearances...................................................................................................5-37
20.54.090
Chapter 20.54 — Permit Implementation, Time Limits, and Extensions ...................................
5-39
20.54.010
— Purpose...................................................................................................................5-39
20.54.020
— Use of Property........................................................................................................5-39
20.54.030
— Effective Date of Permits..........................................................................................5-39
20.54.040
— Applications Deemed Approved...............................................................................5-39
20.54.050
— Performance Guarantees.........................................................................................5-40
20.54.060
— Time Limits and Extensions.....................................................................................5-40
20.54.070
— Changes to an Approved Project..............................................................................5-42
20.58.010
20.54.080
— Resubmittals............................................................................................................5-43
20.58.020
20.54.090
— Covenants................................................................................................................5-43
20.58.030
Chapter 20.56 — Planned Community District Procedures.......................................................
5-45
20.56.010
— Purpose...................................................................................................................5-45
20.56.020
— Area Requirements..................................................................................................5-45
20.56.030
— PC District - Land Use Regulations..........................................................................5-46
20.56.040
— PC District - Property Development Regulations......................................................5-46
20.56.050
— Application Procedures............................................................................................5-46
20.56.060
— Zoning Map Designator............................................................................................5-49
Chapter 20.58 — Specific Plan Procedures.................................................................................
5-51
20.58.010
— Purpose...................................................................................................................5-51
20.58.020
— Intent........................................................................................................................5-51
20.58.030
— Applicability..............................................................................................................5-51
20.58.040
— Initiation and Presubmittal of Specific Plans.............................................................5-52
20.58.050
— Application Filing and Initial Review.........................................................................5-52
20.58.060
— Preparation and Content..........................................................................................5-53
20.58.070
— Application Processing.............................................................................................5-53
20.58.080
— Adoption of Specific Plan.........................................................................................5-54
20.58.090
— Amendments............................................................................................................5-54
Newport Beach Zoning Code, Title 20 October 2010
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Part 6
Zoning Code Administration
Chapter 20.60 — Administrative Responsibility...........................................................................
6-3
20.60.010
— Purpose.....................................................................................................................6-3
Initiation of Amendment............................................................................................6-15
20.60.020
— City Council................................................................................................................6-3
Processing, Notice, and Hearing..............................................................................6-15
20.60.030
— Planning Commission.................................................................................................6-3
Commission Recommendation.................................................................................6-16
20.60.040
— Hearing Officer...........................................................................................................6-4
Council Decision......................................................................................................6-16
20.60.050
— Zoning Administrator..................................................................................................6-5
Prezoning — Annexations.........................................................................................6-16
20.60.060
— Planning Director........................................................................................................6-5
Effective Dates.........................................................................................................6-17
Chapter 20.62 — Public Hearings..................................................................................................
6-7
20.62.010
— Purpose.....................................................................................................................6-7
20.62.020
— Notice of Public Hearing.............................................................................................6-7
20.62.030
— Hearing Procedure.....................................................................................................6-9
20.62.040
— Decision.....................................................................................................................6-9
Chapter20.64 — Appeals.............................................................................................................
6-11
20.64.010
— Purpose...................................................................................................................6-11
Initiation of Amendment............................................................................................6-15
20.64.020
— Appeals....................................................................................................................6-11
Processing, Notice, and Hearing..............................................................................6-15
20.64.030
— Filing and Processing of Appeals.............................................................................6-11
Commission Recommendation.................................................................................6-16
20.64.040
— Judicial Review of City Decision...............................................................................6-13
Council Decision......................................................................................................6-16
Chapter 20.66 — Amendments..................................................................................................... 6-15
20.66.010 —
Purpose...................................................................................................................6-15
20.68.010
20.66.020 —
Initiation of Amendment............................................................................................6-15
20.68.020
20.66.030 —
Processing, Notice, and Hearing..............................................................................6-15
20.68.030
20.66.040 —
Commission Recommendation.................................................................................6-16
20.68.040
20.66.050 —
Council Decision......................................................................................................6-16
20.68.050
20.66.060 —
Prezoning — Annexations.........................................................................................6-16
20.68.060
20.66.070 —
Effective Dates.........................................................................................................6-17
20.68.070
Chapter 20.68 — Enforcement......................................................................................................
6-19
20.68.010
— Purpose...................................................................................................................6-19
20.68.020
— Permits and Approvals.............................................................................................6-19
20.68.030
— Inspections...............................................................................................................6-19
20.68.040
— Initial Enforcement Action.........................................................................................6-20
20.68.050
— Legal Remedies.......................................................................................................6-20
20.68.060
— Additional Permit Fees.............................................................................................6-21
20.68.070
— Reinspection Fees...................................................................................................6-22
October 2010 Newport Beach Zoning Code, Title 20
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Purpose and Applicability of the Zoning Code
Part 7
Definitions
Chapter20.70 — Definitions........................................................................................................... 7-3
20.70.010 — Purpose of Part..........................................................................................................7-3
20.70.020 — Definitions of Specialized Terms and Phrases...........................................................7-3
"A„ Definitions................................................................................................................................7-3
"B„ Definitions..............................................................................................................................7-10
"C„ Definitions..............................................................................................................................7-12
"D„ Definitions..............................................................................................................................7-15
"E„ Definitions..............................................................................................................................7-19
"F„ Definitions..............................................................................................................................7-22
"G„ Definitions..............................................................................................................................7-24
"H„ Definitions..............................................................................................................................7-25
"I„ Definitions...............................................................................................................................7-26
"J„ Definitions...............................................................................................................................7-27
"K„ Definitions..............................................................................................................................7-27
"L„ Definitions..............................................................................................................................7-27
"M„ Definitions.............................................................................................................................7-30
"N„ Definitions..............................................................................................................................7-33
"0" Definitions..............................................................................................................................7-35
"P„ Definitions..............................................................................................................................7-36
"Q„ Definitions..............................................................................................................................7-40
"R„ Definitions..............................................................................................................................7-40
"S„ Definitions..............................................................................................................................7-44
"T„ Definitions..............................................................................................................................7-48
"U„ Definitions..............................................................................................................................7-49
"V„ Definitions..............................................................................................................................7-50
"W„ Definitions.............................................................................................................................7-53
"X„ Definitions..............................................................................................................................7-53
"Y„ Definitions..............................................................................................................................7-53
"Z„ Definitions..............................................................................................................................7-54
Newport Beach Zoning Code, Title 20 October 2010
TOC
Part 8
Maps
Area Maps (Referenced in various Chapters/Sections)
A-1 Balboa Island (Includes Little Balboa Island)
A-2 Balboa Peninsula
A-3 Buck Gully
A-4 Corona del Mar
A-5 Lido Marina Village/Mariner's Mile
A-6 West Newport
Bluff Overlay, Development Area Maps (Section 20.28.040)
B Bluff Overlay Index Map
B-1 Kings Place
B-2 Irvine Terrace - Dolphin Terrace
B-3 Irvine Terrace - Bayadere Terrace
B-4 Avocado Avenue/Pacific Drive
B-5 Carnation Avenue
B-6 Ocean Boulevard/Breakers Drive
B-7 Shorecliffs
B-8 Cameo Shores
Height Limit Areas (Subsection 20.30.060.C.2)
H-1 High Rise and Shoreline Height Limit Areas
Setback Maps (Section 20.18.030, Tables 2-2 and 2-3)
Part 9
Specific Plans
Chapter 20.90 — Santa Ana Heights Specific Plan....................................................................... 9-3
20.90.010 —
Establishment of Specific Plan District - Santa Ana Heights.......................................9-3
20.90.015 —
Purpose.....................................................................................................................9-7
20.90.020 —
Design Guidelines......................................................................................................9-7
20.90.025 —
Land Use Regulations..............................................................................................9-32
20.90.030 —
Open Space and Recreation District: SP-7(OSR)....................................................9-35
20.90.035 —
Residential Equestrian District: SP -7 (REQ).............................................................9-36
20.90.037 —
Residential Kennel District: SP-7(RK).....................................................................
9-42
20.90.040 —
Residential Single Family District: SP-7(RSF).........................................................
9-45
20.90.042 —
Residential Multiple Family District: SP -7 (RMF) . .....................................................
9-48
20.90.044 —
Horticultural Nursery District: SP-7(HN)...................................................................9-50
October 2010 Newport Beach Zoning Code, Title 20
TOC
Purpose and Applicability of the Zoning Code
20.90.045 —
General Commercial District: SP -7 (GC)..................................................................9-51
20.90.050 —
Business Park District: SP-7(BP).............................................................................9-57
20.90.055 —
Professional and Administrative Office District: SP -7 (PA).......................................9-64
20.90.060 —
Professional, Administrative & Commercial Consolidation Dist.: SP -7 (PACC).........
9-67
20.90.065 —
Planned Development Combining District: (PD).......................................................9-68
20.90.070 —
Commercial Stable Overlay District: (S)...................................................................9-70
20.90.071 —
Fire Facility Overlay District: (FF).............................................................................9-71
20.90.072 —
Commercial Nursery Overlay District:(N).................................................................9-73
20.90.073 —
Public Improvements................................................................................................9-73
20.90.080 —
Discretionary Review and Amendments...................................................................9-83
Chapter 20.91 — Reserved for future Specific Plan.................................................................... 9-85
Chapter 20.92 — Reserved for future Specific Plan.................................................................... 9-87
Newport Beach Zoning Code, Title 20 October 2010
TOC
Tables
Table 1-1 Zoning Districts Implementing the General Plan..........................................................1-11
Table 2-1 Allowed Uses and Permit Requirements........................................................................2-8
Table 2-2 Development Standards for Single -Unit Residential Zoning Districts.............................2-9
Table 2-3 Development Standards for Two -Unit and Multi -Unit Residential Zoning Districts ........
2-12
Table 2-3 Development Standards for Two -Unit and Multi -Unit Residential Zoning Districts ........
2-15
Table 2-4 Allowed Uses and Permit Requirements......................................................................2-20
Table 2-5 Allowed Uses and Permit Requirements......................................................................2-23
Table 2-6 Development Standards for Commercial Office Zoning Districts..................................2-27
Table 2-7 Development Standards for Commercial Retail Zoning Districts..................................2-29
Table 2-8 Allowed Uses and Permit Requirements......................................................................2-32
Table 2-9 Allowed Uses and Permit Requirements......................................................................2-37
Table 2-10 Development Standards for Vertical and Horizontal Mixed -Use Zoning Districts .......
2-41
Table 2-11 Development Standards for Waterfront Mixed -Use Zoning Districts ...........................2-44
Table 2-12 Allowed Uses and Permit Requirements....................................................................2-48
Table 2-13 Development Standards for Industrial Zoning District.................................................2-51
Table 2-14 Allowed Uses and Permit Requirements....................................................................2-55
Table 2-15 Development Standards for Public Institutional Zoning District...................................2-57
Table 3-1 Maximum Height of Fences, Hedges, and Walls..........................................................3-7
Table 3-2 Significant Noise Increase..........................................................................................3-21
Table 3-3 Encroachments..........................................................................................................3-28
Table 3-4 Multi -Unit Development Minimum Common Storage Areas Required (Sq. Ft.) ...........
3-31
Table 3-5 Nonresidential Structures Minimum Storage Areas Required (Sq. Ft) ........................3-31
Table3-6 Very Low-Income.......................................................................................................3-36
Table3-7 Low-Income...............................................................................................................3-37
Table 3-8 Moderate-Income.......................................................................................................3-38
Table3-9 Very Low-Income.......................................................................................................3-39
Table 3-10 Off -Street Parking Requirements...............................................................................3-75
Table 3-11 Parking Setback from Alley........................................................................................3-81
Table 3-12 Minimum Standard Parking Space Size.....................................................................3-82
Table 3-13 Standard Vehicle Space Requirements......................................................................3-82
Table 3-14 Minimum Interior Dimensions.....................................................................................3-87
Table 3-15 Signs Allowed in Residential Zoning Districts...........................................................3-107
Table 3-16 Signs Allowed in Commercial and Industrial Zoning Districts...................................3-108
Table 3-17 Signs Allowed in OS, PI, PR, and PF Zoning Districts..............................................3-110
Table 3-18 Temporary Signs......................................................................................................3-124
Table 4-1 Animal -Keeping Standards............................................................................................4-8
Table 4-2 Required Setbacks for Structures Housing Domestic Farm Animals..............................4-9
Table5-1 Review Authority...........................................................................................................5-4
Table 5-2 Review Authority for Site Development Reviews..........................................................5-33
October 2010 Newport Beach Zoning Code, Title 20
TOC
EXHIBIT 20.90-1
EXHIBIT 20.90-2
EXHIBIT 20.90-3
EXHIBIT 20.90-4
EXHIBIT 20.90-5
EXHIBIT 20.90-6
EXHIBIT 20.90-7
EXHIBIT 20.90-8
EXHIBIT 20.90-9
Purpose and Applicability of the Zoning Code
Exhibits
LANDUSE MAP................................................................................................
LANDSCAPE PLAN/BUFFER DIAGRAM...........................................................
TYPICAL SECTION -- ACACIA STREET...........................................................
TYPICAL SECTION -- BIRCH STREET AND MESA DRIVE (W. of Birch) .........
TYPICAL SECTION — ORCHARD DRIVE (In Business Park District) ................
TYPICAL SECTION — CYPRESS STREET AND MESA DRIVE (E. of Birch St.)
RESIDENTIAL EQUESTRIAN BUFFER DESIGN ..............................................
BUSINESS PARK PARKING LOT LANDSCAPE DESIGN CONCEPTS............
RECREATION IMPROVEMENT PLAN..............................................................
... 9-5
.9-11
.9-13
.9-15
.9-16
.9-19
.9-27
.9-29
.9-81
Newport Beach Zoning Code, Title 20 October 2010
TOC
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October 2010 Newport Beach Zoning Code, Title 20
Part 1
Zoning Code Applicability
Table of Contents
Chapter 20.10 — Purpose and Applicability of the Zoning Code..........................................1-3
20.10.010 — Title....................................................................................................................1-3
20.10.020 — Purpose..............................................................................................................1-3
20.10.030 — Authority, Relationship to General Plan.............................................................1-3
20.10.040 — Applicability of Zoning Code...............................................................................1-3
20.10.050 — Responsibility for Administration........................................................................1-5
Chapter 20.12 — Interpretation of Zoning Code Provisions..................................................1-7
20.12.010 — Purpose..............................................................................................................1-7
20.12.020 — Rules of Interpretation........................................................................................1-7
Chapter20.14 — Zoning Map.................................................................................................1-11
20.14.010 — Zoning Map Adopted by Reference.................................................................1-11
20.14.020 — Zoning Districts Established.............................................................................1-11
20.14.030 — Zoning District Symbols...................................................................................1-12
Tables
Table 1-1 Zoning Districts Implementing the General Plan..................................................1-11
October 2010 Newport Beach Zoning Code, Title 20
Part 1 — Zoning Code Applicability
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Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.10 — Purpose and Applicability of the Zoning Code
Sections:
20.10.010 — Title
20.10.020 — Purpose
20.10.030 — Authority, Relationship to General Plan
20.10.040 — Applicability of Zoning Code
20.10.050 — Responsibility for Administration
20.10.010 — Title
This title shall be known as the "City of Newport Beach Zoning Code" and referred to as the
"Zoning Code."
20.10.020 — Purpose
This Zoning Code is intended to carry out the policies of the City of Newport Beach General
Plan. It is also the intent of this Zoning Code to promote the orderly development of the City;
promote and protect the public health, safety, peace, comfort, and general welfare; protect the
character, social, and economic vitality of neighborhoods; and to ensure the beneficial
development of the City.
20.10.030 — Authority, Relationship to General Plan
A. Authority. The regulations within this Zoning Code are enacted based on the authority
vested in the City of Newport Beach by the State of California and Section 200 of the
City Charter.
B Consistency with General Plan. This Zoning Code is the primary tool used by the City
to carry out the goals, objectives, and policies of the General Plan. It is intended that all
provisions of this Zoning Code be consistent with the General Plan and that any
development, land use, or subdivision approved in compliance with these regulations will
also be consistent with the General Plan.
20.10.040 — Applicability of Zoning Code
This Zoning Code applies to all construction, land uses, subdivisions, and development within
the City of Newport Beach, as provided by this Section.
A. Compliance required. No structure shall be altered, erected, or reconstructed in any
manner, nor shall any structure or land be used for any purpose, other than as allowed
by this Zoning Code. The City Council may exempt specific City implemented projects by
adopting a resolution at a noticed public hearing upon setting forth the specific Code
provisions that would apply in the absence of the exemption.
October 2010 Newport Beach Zoning Code, Title 20
20.10 Purpose and Applicability of the Zoning Code
B. Issuance of permits. Building and or grading permits shall not be issued for any
structure until all other applicable permits have become effective in compliance with
Section 20.54.030 (Effective Date of Permits).
C. Minimum Requirements. The provisions of this Zoning Code shall be considered the
minimum requirements for the promotion of the public health, safety, and general welfare
except for any discretionary approval. When this Zoning Code provides for discretion on
the part of a review authority, the discretion may be exercised to impose more or less
stringent requirements than required by this Zoning Code and may allow deviations from
the requirements in order to promote orderly land use and development, environmental
resource protection, and the other purposes of this Zoning Code.
D. Agreements, covenants, easements, laws, permits, and regulations.
1. Effect on agreements, covenants, and easements. It is not intended by the
adoption of this Zoning Code to interfere with, abrogate, annul, or repeal any
agreement, covenant (e.g., CC&Rs), easement, or restriction between private
parties. However, if this Zoning Code imposes greater restrictions than are
imposed or required by other private agreements, covenants, or easements, the
provisions of this Zoning Code shall control. The City shall not enforce any
private agreement, covenant, or restriction unless it is a party to the agreement,
covenant, or restriction.
2. Effect on municipal laws, policies, and regulations. It is not intended by the
adoption of this Zoning Code to repeal, impair, or interfere with other provisions
of law of the City, or any policy, regulation, or rule for the alteration, construction,
erection, or establishment of land uses or structures.
E. Subdivisions. A proposed subdivision of land within the City after the effective date of
this Zoning Code shall be in compliance with the parcel size requirements of Part 2
(Zoning Districts and Allowable Land Uses, and Zoning District Standards), other
applicable requirements of this Zoning Code, and Title 19 (Subdivisions) of the Municipal
Code.
F. Other permits may be required. Nothing in this Zoning Code eliminates the need for
obtaining other permits required by the City; regulations of a special district or agency; or
regulations of a State or Federal agency.
G. Other applicable provisions. Where this Zoning Code requires compliance with "other
applicable provisions", they shall be in addition to the requirements of this Zoning Code.
Other applicable provisions may include, but are not limited to, annexation agreements,
development agreements, specific plans, adopted criteria/guidelines, City policies,
and/or State and Federal regulations.
H. State and Federal law requirements. Where this Zoning Code refers to provisions of
State or Federal law, the references shall be interpreted to be to the applicable State or
Federal law provisions as they may be amended from time to time.
Newport Beach Zoning Code, Title 20 October 2010
Purpose and Applicability of the Zoning Code
20.10.050 — Responsibility for Administration
20.10
A. Responsible authority. This Zoning Code shall be administered by: Newport Beach
City Council, hereafter referred to as the "Council;" the Planning Commission, hereafter
referred to as the "Commission;" the Planning Director, hereafter referred to as the
"Director;" the Zoning Administrator; and the Planning Department, hereafter referred to
as the "Department", and any other City official or body as specifically identified.
B. Exercise of discretion. In the event that a provision of this Zoning Code or a condition
of approval allows the review authority to exercise judgment in the application of a
specific development standard or condition of approval the review shall include an
analysis as to whether:
The proposed project complies with all applicable provisions of this Zoning Code;
2. The exercise of authority will act to ensure the compatibility of the proposed
project with its site and surrounding properties;
3. The manner in which authority is exercised will result in a more practical
application of the provisions of this Zoning Code given specific characteristics of
the site and its surroundings; and
4. The decision is consistent with the General Plan, any applicable specific plan, or
any other applicable regulation or standard.
October 2010 Newport Beach Zoning Code, Title 20
20.10
Purpose and Applicability of the Zoning Code
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Newport Beach Zoning Code, Title 20
October 2010
Chapter 20.12 — Interpretation of Zoning Code Provisions
Sections:
20.12.010 — Purpose
20.12.020 — Rules of Interpretation
20.12.010 — Purpose
This Chapter provides rules for resolving questions about the meaning or applicability of any
part of this Zoning Code. The provisions of this Chapter are intended to ensure the consistent
interpretation and application of the requirements of this Zoning Code.
20.12.020 — Rules of Interpretation
A. Authority. The Director has the authority to interpret the meaning of provisions of this
Zoning Code, including maps, and to apply and/or enforce the Zoning Code. The
Director may also refer any interpretation to the Commission for input or a determination.
An interpretation made by the Director may be appealed to the Commission in
compliance with Chapter 20.64 (Appeals).
B. Language. When used in this Zoning Code, the words "shall," "must," "will," "is to," and
"are to" are always mandatory. "Should" is not mandatory but is strongly recommended;
and "may" is permissive. The present tense includes the past and future tenses; and the
future tense includes the present. The singular number includes the plural number, and
the plural the singular, unless the common meaning of the word indicates otherwise.
The words "includes" and "including" shall mean "including, but not limited to."
C. Calculations.
1. Residential density. When the number of dwelling units allowed on a site is
calculated based on the minimum site area per dwelling unit, any fraction of a
unit shall be rounded down to the next lowest whole number. For example,
where a residential zoning district requires a minimum site area per dwelling unit
of 1,500 square feet; a site of 10,000 square feet would be allowed 6 dwelling
units.
Example: 10,000 sq. ft. site area / 1,500 sq. ft. per unit = 6.66 dwelling units
This would be rounded down to 6 dwelling units
2. Other calculations. For calculations other than residential density, the
fractional/decimal results of calculations shall be rounded to the next highest
whole number unless otherwise specified.
3. Time limits. Whenever a number of days is specified in this Zoning Code, or in a
permit, condition of approval, or notice provided in compliance with this Zoning
Code, the number of days shall be construed as calendar days unless otherwise
specified. Where the last of the specified number of days falls on a weekend,
holiday, or other day the City is not open for business, the time limit shall extend
to 5:00 p.m. on the following business day.
October 2010 Newport Beach Zoning Code, Title 20
20.12
D. Conflicting requirements.
Interpretation of Zoning Code Provisions
1. Zoning Code and other Municipal Code provisions. If conflicts occur
between requirements of this Zoning Code, or between this Zoning Code and
other provisions of the Newport Beach Municipal Code, or other adopted
regulations of the City, the more restrictive provision shall prevail.
2. Agreements, planned communities, or specific plans. If conflicts occur
between the requirements of this Zoning Code and standards adopted as part of
a planned community development plan, development agreement, specific plan,
or annexation agreement, the requirements of the planned community
development plan, development agreement, specific plan, or annexation
agreement shall prevail unless otherwise provided in the planned community
document plan, development agreement, specific plan, or annexation agreement.
3. Zoning map, setback maps, development area maps, and development
standards. If a conflict occurs between a requirement of the zoning map,
setback maps, or development area maps and any development standard of the
Zoning Code, the requirement of the zoning map, setback maps, or development
area maps shall prevail.
E. Unlisted uses of land. If a proposed use of land is not specifically listed in Part 2
(Zoning Districts, Allowable Land Uses, and Zoning District Standards), the use shall not
be allowed, except as provided below.
1. Director's interpretation. The Director may determine that a proposed land use
that is not listed in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning
District Standards) may be allowed if the following findings can be made:
a. The characteristics of, and activities associated with, the proposed use
are equivalent to those of one or more of the uses listed in the zoning
district as allowable, and will not involve a greater level of activity,
population density, intensity, traffic generation, parking, dust, odor, noise,
or similar impacts than the uses listed in the zoning district;
b. The proposed use will meet the purpose/intent of the zoning district that is
applied to the location of the use;
C. The proposed use will be consistent with the goals, objectives, and
policies of the General Plan, or any applicable specific plan;
d. The proposed use is not listed as allowable in another zoning district; and
e. The proposed use is not a prohibited or illegal use.
2. Applicable standards and permit requirements. When the Director
determines that a proposed but unlisted land use is equivalent to a listed use, the
proposed use will be treated in the same manner as the listed use in determining
where the use is allowed, what permits are required, and what other standards
and requirements of this Zoning Code apply.
Newport Beach Zoning Code, Title 20 October 2010
Interpretation of Zoning Code Provisions 20.12
F. Zoning Map boundaries. If there is uncertainty about the location of a zoning district
boundary shown on the official Zoning Map, the Director shall determine the location of
the boundary in the following manner:
Where a district or area boundary approximately follows a lot line, street or alley
line, the lot line, street centerline, or alley centerline shall be construed as the
district boundary;
2. Where a district or area boundary divides a lot and the boundary line location is
not specified by distances indicated on the subject map, the location of the
boundary shall be determined by using the scale appearing on the map;
3. Where a public street or alley, or a portion thereof, is officially vacated or
abandoned, the property that was formerly in the street or alley shall be included
within the zoning district of the adjoining property on either side of the centerline
of the vacated or abandoned street or alley;
4. Where a district or area boundary approximately follows the shoreline of the
Pacific Ocean, the boundary shall be construed to follow the mean high tide line;
or
5. Where a district or area boundary approximately follows the waterfront of
Newport Bay, the boundary shall be construed to follow the bulkhead line.
G. Illustrations. In case of a conflict between the Zoning Code text and any diagram,
illustration, or image contained in the Zoning Code, the text shall control.
H. Use of headings. The headings of the Chapters, Sections, and Subsections of this
Zoning Code, together with the accompanying examples and explanatory notes, are
inserted as a matter of convenience and are not intended to define, limit, or enlarge the
scope or meaning of this Zoning Code or its provisions.
October 2010 Newport Beach Zoning Code, Title 20
20.12
Interpretation of Zoning Code Provisions
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i Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.14 — Zoning Map
Sections:
20.14.010 — Zoning Map Adopted by Reference
20.14.020 — Zoning Districts Established
20.14.030 — Zoning District Symbols
20.14.010 — Zoning Map Adopted by Reference
The boundaries, designations, and locations of the zoning districts established by this Zoning
Code shall be shown upon the map(s) entitled "Zoning Map for the City of Newport Beach,
California". Any additional maps as may be subsequently adopted or amended shall also be a
part of this Zoning Code by reference.
20.14.020 — Zoning Districts Established
The City of Newport Beach shall be divided into zoning districts that implement the General Plan
Land Use Plan. The zoning districts shown in Table 1-1 are hereby established, and shall be
shown on the Zoning Map.
TABLE 1-1
ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN
Zoning Map Zoning Districts General Plan Land Use Designations
Symbol Implemented by Zoning Districts
R -A
R-1
R-1-6,000
Single -Unit Residential Detached
RS -D
Single -Unit Residential Detached
R-1-7,200
R-1-10,000
R -BI
R-2
Two -Unit Residential
RT
Two -Unit Residential
R-2-6,000
RM
RM -6,000
Multi -Unit Residential
RM
Multiple -Unit Residential
RMD
I
RMD
Multiple -Unit Residential Detached
OA Office - Airport
AO
Airport Office and Supporting Uses
OG Office - General Commercial
CO -G
General Commercial Office
OM Office - Medical Commercial
CO -M
Medical Commercial Office
October 2010 Newport Beach Zoning Code, Title 20
20.14
TABLE 1-1
ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN
Zoning Map
Zoning Map
Symbol
Zoning Districts
s
General Plan Land Use Designations
Implemented by Zoning Districts
OR
Office - Regional Commercial
CO -R
Regional Commercial Office
CC
Commercial Corridor
CC
Corridor Commercial
CG
Commercial General
CG
General Commercial
CM
Commercial Recreational and Marine
CM
Recreational and Marine Commercial
CN
Commercial Neighborhood
CN
Neighborhood Commercial
CV
Commercial Visitor -Serving
CV
Visitor Serving Commercial
-.
MU -V
Mixed Use Vertical
MU -V
Mixed Use Vertical
Mixed Use
MU -MM
MU -DW th
MU-CV/15
Street
Mixed Use
MU -H
MU -W1
MU -W2
Mixed Use Water
MU -W
Mixed Use Water Related
.
IG
PurposeSpecial
]9
Industrial
IG Industrial
OS Open Space
OS
Open Space
PC
Planned Community
All designations
PF
Public Facilities
PF
Public Facilities
PI
Private Institutions
PI
Private Institutions
PR
Parks and Recreation
PR
Parks and Recreation
• . 1.
MHP
Mobile Home Park
RM
Multiple -Unit Residential
PM
Parking Management
All designations
B
Bluff
All designations
20.14.030 — Zoning District Symbols
In addition to the zoning district designations established under Section 20.14.020 (Zoning
Districts Established) and the related development standards established in Part 2 (Zoning
Districts, Allowable Land Uses, and Zoning District Standards) symbols are established on the
Zoning Map for the purpose of designating floor area ratio limits for nonresidential uses and
density limits or the actual number of allowed units for residential uses. When these symbols
Newport Beach Zoning Code, Title 20 October 2010
Zoning Map
20.14
are placed on the Zoning Map, the floor area ratios, dwelling unit limits or residential densities
(minimums and maximums) as indicated shall apply. In addition, individual locations/sites/lots
are identified on the Zoning Map by a number symbol where specific development limits and
restrictions apply. These development limits/restrictions shall apply in addition to those
provided in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards). The
symbols and limits shall be shown in the following manner:
A. Nonresidential districts. A number following the district symbol shall designate the
maximum floor area ratio allowed for the nonresidential area designated.
Example: CG 0.5
B. Residential districts.
A number following the district symbol designates the minimum site area required
per dwelling unit if the requirement differs from the district standard minimum.
Example: RM (2178)
2. Two numbers following the district symbol indicates that both the minimum and
maximum number of dwelling units is regulated. The first number designates the
site area used to calculate the minimum number of units required. The second
number designates the site area to be used to calculate the maximum number of
dwelling units allowed.
Example: RM (3100/2420)
3. A number followed by the DU symbol indicates the maximum number of dwelling
units allowed for the area designated. Where two numbers are shown, the first
represents the maximum number of units allowed, the second represents the
minimum number of units required.
Examples: RM 50 DU
RM 388/300 DU
C. Mixed use districts. Allowed residential densities and floor area ratios for
nonresidential structures in mixed use districts are not indicated on the Zoning Map, but
are provided in the development standards tables for mixed use districts in Part 2
(Zoning Districts, Allowable Land Uses, and Zoning District Standards).
D. Anomaly locations. Anomaly locations shall be designated on the Zoning Map with a
reference number that coincides with an Anomaly Table included on the Zoning Map.
E. Planned Communities (PC). Each PC District shall be shown on the Zoning Map with
a "PC" designator along with a sequential reference number.
October 2010 Newport Beach Zoning Code, Title 20
20.14
Zoning Map
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Newport Beach Zoning Code, Title 20 October 2010
Part 2
Zoning Districts, Allowable Land Uses,
and Zoning District Standards
Table of Contents
Chapter 20.16 — Development and Land Use Approval Requirements...............................2-3
20.16.010 —
Purpose..............................................................................................................2-3
20.16.020 —
General Requirements for Development and New Land Uses ..........................2-3
20.16.030 —
Allowable Land Uses and Planning Permit Requirements.................................2-4
20.16.040 —
Short Term Uses and Structures........................................................................2-5
20.16.050 —
Special Events...................................................................................................2-5
20.16.060 —
Additional Permits and Approvals may be Required..........................................2-5
Chapter 20.18
— Residential Zoning Districts [R -A, R-1, R -BI, R-2, RM, RMD] ...................2-7
20.18.010 —
Purposes of Residential Zoning Districts...........................................................2-7
20.18.020 —
Residential Zoning Districts Land Uses and Permit Requirements ....................2-7
20.18.030 —
Residential Zoning Districts General Development Standards ..........................2-9
Chapter 20.20
— Commercial Zoning Districts [OA, OG, OM, OR, CC, CG, CM, CN, CV].2-19
20.20.010 —
Purposes of Commercial Zoning Districts........................................................2-19
20.20.020 —
Commercial Zoning Districts Land Uses and Permit Requirements ................2-20
20.20.030 —
Commercial Zoning Districts General Development Standards .......................2-26
Chapter 20.22 — Mixed -Use Zoning Districts [MU -V, MU -MM, MU -DW, MU-CV/15th
St, MU_
W1, MU-W2]............................................................................................................................2-31
20.22.010 —
Purposes of Mixed -Use Zoning Districts..........................................................2-31
20.22.020 —
Mixed -Use Zoning Districts Land Uses and Permit Requirements ..................2-32
20.22.030 —
Mixed -Use Zoning Districts General Development Standards .........................2-41
Chapter 20.24 — Industrial Zoning District[IG]....................................................................2-47
20.24.010 —
Purposes of Industrial Zoning District..............................................................2-47
20.24.020 —
Industrial Zoning District Land Uses and Permit Requirements .......................2-47
20.24.030 —
Industrial Zoning Districts General Development Standards ...........................2-51
Chapter 20.26
— Special Purpose Zoning Districts [OS, PC, PF, PI, and PR] ...................2-53
20.26.010 —
Purposes of Special Purpose Zoning Districts.................................................2-53
20.26.020 —
Special Purpose Zoning Districts Land Uses and Permit Requirements .........2-54
20.26.030 —
Special Purpose Zoning Districts General Development Standards................2-56
Chapter 20.28 — Overlay Zoning Districts [MHP, PM, B, and C] .........................................2-59
20.28.010 — Purposes of Overlay Zoning Districts...............................................................2-59
20.28.020 — Mobile Home Park (MHP) Overlay Zoning District...........................................2-59
20.28.030 — Parking Management (PM) Overlay District.....................................................2-60
20.28.040 — Bluff (B) Overlay District...................................................................................2-61
20.28.050 — Reserved..........................................................................................................2-68
October 2010 Newport Beach Zoning Code, Title 20
Part 2 ; Zoning Districts, Allowable Land Uses, and Zoning District Standards
Tables
Table 2-1 Allowed Uses and Permit Requirements.........................................................................2-8
Table 2-2 Development Standards for Single -Unit Residential Zoning Districts..............................2-9
Table 2-3 Development Standards for Two -Unit and Multi -Unit Residential Zoning Districts ........
2-13
Table 2-3 Development Standards for Two -Unit and Multi -Unit Residential Zoning Districts ........
2-15
Table 2-4 Allowed Uses and Permit Requirements.......................................................................2-20
Table 2-5 Allowed Uses and Permit Requirements.......................................................................2-23
Table 2-6 Development Standards for Commercial Office Zoning Districts...................................2-27
Table 2-7 Development Standards for Commercial Retail Zoning Districts...................................2-29
Table 2-8 Allowed Uses and Permit Requirements.......................................................................2-32
Table 2-9 Allowed Uses and Permit Requirements.......................................................................2-37
Table 2-10 Development Standards for Vertical and Horizontal Mixed -Use Zoning Districts .......
2-41
Table 2-11 Development Standards for Waterfront Mixed -Use Zoning Districts ...........................2-44
Table 2-12 Allowed Uses and Permit Requirements.....................................................................2-48
Table 2-13 Development Standards for Industrial Zoning District.................................................2-51
Table 2-14 Allowed Uses and Permit Requirements.....................................................................2-55
Table 2-15 Development Standards for Public Institutional Zoning District...................................2-57
Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.16 — Development and Land Use Approval Requirements
Sections:
20.16.010 — Purpose
20.16.020 — General Requirements for Development and New Land Uses
20.16.030 — Allowable Land Uses and Planning Permit Requirements
20.16.040 — Short Term Uses and Structures
20.16.050 — Special Events
20.16.060 — Additional Permits and Approvals may be Required
20.16.010 — Purpose
The purpose of this Part is to provide the general requirements of this Zoning Code for the
approval of proposed development and land use activities. Land use requirements for specific
land uses are established by this Part 2, Part 3 (Site Planning and Development Standards),
and Part 4 (Standards for Specific Land Uses). Land use and development approval and
administrative provisions are established by Part 5 (Planning Permit Procedures) and Part 6
(Zoning Code Administration).
20.16.020 — General Requirements for Development and New Land Uses
No use of land or structures shall be allowed, altered, constructed, established, expanded,
reconstructed, or replaced unless the use of land or structures comply with this Zoning Code
and the requirements of this Chapter.
A. Allowable use. The land use shall be identified by Chapter 20.18 (Residential Zoning
Districts), Chapter 20.20 (Commercial Zoning Districts), Chapter 20.22 Mixed -Use
Zoning Districts, Chapter 20.24 (Industrial Zoning Districts), Chapter 20.26 (Special
Purpose Zoning Districts), or Chapter 20.28 (Overlay Zoning Districts) as being
allowable in the zoning district applied to a site.
B. Permit requirements. Permits required by this Zoning Code shall be obtained before
the proposed use is commenced or the project is constructed and any activities
associated with the use are commenced, or otherwise established or put into operation.
C. Development standards. Uses and/or structures shall comply with all applicable
development standards of this Part, the provisions of Part 3 (Site Planning and General
Development Standards), Part 4 (Standards for Specific land Uses), and other adopted
criteria, guidelines, and policies adopted by the City related to the use and development
of land.
D. Conditions of approval. Uses and/or structures shall comply with all conditions
imposed by a previous permit and other regulatory approvals. Failure to comply with
imposed conditions shall be grounds for revocation of the permit in compliance with
Chapter 20.68 (Enforcement).
October 2010 Newport Beach Zoning Code, Title 20
20.16
Development and Land Use Approval Requirements
E. Other development criteria, guidelines, and policies. The City may adopt criteria,
guidelines, and policies separate from this Zoning Code that may affect the use and
development of land. All applicable standards, criteria, guidelines, policies, and
procedures related to development on file with the Department shall apply when
appropriate as determined by the applicable review authority.
F. Reasonable Accommodations. The review authority may grant reasonable
accommodations (adjustments) to the City's zoning and land use regulations, policies,
and practices when needed to provide an individual with a disability an equal opportunity
to use and enjoy a dwelling in compliance with Section 20.52.070 (Reasonable
Accommodations).
G. Nonconforming uses and structures. Uses and structures that are determined to be
nonconforming as to the requirements of this Zoning Code shall be subject to the
requirements and limitations of Chapter 20.38 (Nonconforming Uses and Structures).
20.16.030 — Allowable Land Uses and Planning Permit Requirements
A. Allowed land uses.
Permitted uses. Permitted subject to compliance with all applicable provisions
of this Zoning Code, issuance of a Zoning Clearance (Section 20.52.100), and
any Building Permit or other permit required by the Municipal Code. These are
shown as "P" uses in the tables.
2. Conditional Use Permit required. Allowed subject to the approval of a
Conditional Use Permit (Section 20.52.020) and shown as "CUP" uses in the
tables.
3. Conditional Use Permit - Hearing Officer required. Allowed subject to the
approval of a Conditional Use Permit in Residential Zoning Districts (Section
20.52.030) and shown as "CUP -HO" uses in the tables.
4. Minor Use Permit required. Allowed subject to the approval of a Minor Use
Permit (Section 20.52.020), and shown as "MUP" uses in the tables.
5. Limited Term Permit. Allowed subject to the approval of a Limited Term Permit
(Section 20. 52.040), and shown as "LTP" uses in the tables.
6. Site Development Review. Allowed subject to the approval of a Site
Development Review (Section 20.52.080) for the types of projects listed in Table
5-2 (Review Authority for Site Development Reviews).
7. Zoning Clearance. A Zoning Clearance is required before the commencement
of a use, a change of use, or before the City issues a Building Permit, Grading
Permit, or other construction -related permit in compliance with Section
20.52.100.
B. Multiple uses on a single site. Where a proposed multi -tenant project includes multiple
land uses that require different permits, the project shall be authorized through the
approval of the permit requiring the highest level of review. This provision shall not apply
to a new single use when locating in an existing multi -tenant project.
Newport Beach Zoning Code, Title 20 October 2010
Development and Land Use Approval Requirements
20.16.040 — Short Term Uses and Structures
20.16
Requirements for establishing a short term use or structure (e.g., construction yards, seasonal
sales lots, temporary office trailers, etc.) are identified in Section 20.52.040 (Limited Term
Permits).
20.16.050 — Special Events
Requirements for holding a special event are identified in Municipal Code Chapter 11.03
(Special Events). In addition, all other applicable permits shall also be obtained.
20.16.060 — Additional Permits and Approvals may be Required
A. Other permits required. An allowed land use or structure that is exempt from a permit,
or has been granted a permit, may still be required to obtain other permits before the use
is commenced or the structure is constructed and any activities associated with the use
are commenced, or otherwise established or put into operation. Nothing in this Section
shall eliminate the need to obtain any permits or approvals required by:
Other provisions of the Municipal Code (e.g., Building Permits, Grading Permits,
other construction permits, Live Entertainment Permit, or a Business License); or
2. Orange County, a special district, or any regional, State, or Federal agency.
B. Timing of other permits. No land shall be used, no new use shall be established, and
no structure shall be commenced until all necessary permits have been obtained,
October 2010 Newport Beach Zoning Code, Title 20
20.16
Development and Land Use Approval Requirements
— This page intentionally left blank —
Newport Beach Zoning Code, Title 20
October 2010
Chapter 20.18 — Residential Zoning Districts [R -A, R-1, R -BI, R-2, RM,
RMD]
Sections:
20.18.010 — Purposes of Residential Zoning Districts
20.18.020 — Residential Zoning Districts Land Uses and Permit Requirements
20.18.030 — Residential Zoning Districts General Development Standards
20.18.010 — Purposes of Residential Zoning Districts
The purposes of the individual residential zoning districts and the manner in which they are
applied are as follows:
A. R -A (Residential -Agricultural) Zoning District. The R -A zoning district is intended to
provide for areas appropriate for detached single-family residential dwelling units and
light farming uses, each located on a single legal lot,
B. R-1 (Single -Unit Residential) Zoning District. The R-1 zoning district is intended to
provide for areas appropriate for a range of detached single-family residential dwelling
units; each located on a single legal lot, and does not include condominiums or
cooperative housing.
C. R -BI (Two -Unit Residential, Balboa Island) The R -BI zoning district is intended to
provide for a maximum of two residential dwelling units (i.e., duplexes) located on a
single legal lot on Balboa Island.
D. R-2 (Two -Unit Residential) Zoning District. The R-2 zoning district is intended to
provide for areas appropriate for a maximum of two residential dwelling units (i.e.,
duplexes) located on a single legal lot.
E. RM (Multiple Residential) Zoning District. The RM zoning district is intended to
provide for areas appropriate for multi -unit residential developments containing attached
or detached dwelling units.
F. RMD (Multiple Residential Detached) Zoning District. The RMD zoning district is
intended to provide for areas appropriate for multi -unit residential developments
exclusively containing detached dwelling units.
20.18.020 — Residential Zoning Districts Land Uses and Permit Requirements
A. Allowed land uses.
Table 2-1 indicates the uses allowed within each residential zoning district and
the permit required to establish the use, if any, in compliance with Part 5
(Planning Permit Procedures).
October 2010 Newport Beach Zoning Code, Title 20
20.18
Residential Zoning Districts
2. Residential uses represent the primary allowed use, and only those additional
uses that are complementary to, and can exist in harmony with, the residential
character of each zoning district may be allowed as accessory, conditionally
permitted, and/or temporary uses.
B. Prohibited land uses. A table cell with "---" means that the listed land use is prohibited
in that zoning district.
C. Applicable regulations. The last column in the tables ("Specific Use Regulations") may
include a reference to additional regulations that apply to the use.
Residential Zoning Districts
Permit Requirements
TABLE 2-1 P Permitted By -Right
ALLOWED USES AND PERMIT CUP Conditional Use Permit (20.52.020)
REQUIREMENTS CUP -HO Conditional Use Permit in Residential Zoning Districts (20.52.030)
MUP Minor Use Permit (20.52.020
LTP Limited Term Permit (20.52.040)
--- Not allowed *
Land Use R -BI RM Specific Use
See Part 7 for land use definitions. R -A R-1** R-2 RMD Regulations
See Chapter 20.12 for unlisted uses.
Residential
P
MUP
P
MUP
P
MUP
Home Occupations P
P
P P 20.48.110
Single -Unit Dwellings - Attached ---
---
P P 20.48.180
Single -Unit Dwellings - Detached P
P
P P 20.48.180
Multi -Unit Dwellings ---
---
--- P
Two -Unit Dwellings ---
---
P P 20.48.180
Accessory Dwelling Units MUP
MUP
--- ---
Visitor Accommodations, Residential
Bed & Breakfast Inns --- --- CUP -HO CUP -HO 20.48.060
Short Term Lodging --- --- P P MC 5.95
Adult Day Care
Small (6 or fewer)
Large (7 to 14)
P
MUP
P
MUP
P
MUP
P
MUP
20.50.070
20.50.070
Child Day Care
Small (8 or fewer)
Large (9 to 14)
P
MUP
P
MUP
P
MUP
P
MUP
20.48.070
20.48.070
Day Care, General
---
---
CUP -HO
CUP -HO
Residential Care Facilities
Limited (6 or fewer) Licensed
Limited (6 or fewer) Unlicensed
General (7 or more) Licensed
General (7 or more) Unlicensed
Integral Facilities/Integral Uses
P P P P
20.48.170
--- --- --- CUP -HO
20.48.170
--- --- --- CUP -HO
20.48.170
--- --- --- CUP -HO
20.48.170
--- --- --- CUP -HO
20.48.170
Parolee -Probationer Home
---
---
---
---
Newport Beach Zoning Code, Title 20 October 2010
Residential Zoning Districts
20.18
Other Uses
Minimum dimensions required for each NEWLY CREATED lot.
Lot Area (1) (2)
Parking Facility
MUP MUP
MUP
MUP
Convalescent Facilities
--- ---
---
CUP
7,200 sq.
Utilities, Minor
P P
P
P
ft.
Utilities, Major
CUP CUP
CUP
CUP
Interior lot
Wireless Telecommunication Facilities
See Municipal
Code Chapter 15.70
Accessory Structures and Uses
P
P
P
P
ft.
Animal Keeping
P
P
P
P
20.48.040
Personal Property Sales
P
P
P
P
20.48.150
Special Events
See Municipal Code Chapter 11.03
Temporary Uses
LTP
LTP
LTP
LTP
20.52.040
Uses not listed. Land uses that are not listed in the table above, or are not shown in a
particular zoning district are not allowed, except as provided by Chapter 20.12
(Interpretation of Zoning Code Provisions).
** Includes R-1-6,000, R-1-7,200, and R-1-10,000
20.18.030 — Residential Zoning Districts General Development Standards
New land uses and structures, and alterations to existing land uses and structures, shall be
designed, constructed, and/or established in compliance with the requirements in Tables 2-2
and 2-3, in addition to the development standards in Part 3 (Site Planning and Development
Standards).
TABLE 2-2
DEVELOPMENT STANDARDS FOR SINGLE -UNIT RESIDENTIAL ZONING DISTRICTS
Development R-1 - R-1 - R-1 - Additional
Feature R -A R-1 6,000 7,200 10,000 Requirements
Lot Dimensions
Minimum dimensions required for each NEWLY CREATED lot.
Lot Area (1) (2)
Corner lot
87,120 sq.
6,000 sq.
6,000 sq.
7,200 sq.
10,000 sq.
ft.
ft.
ft.
ft.
ft.
Interior lot
87,120 sq.
5,000 sq.
6,000 sq.
7,200 sq.
10,000 sq.
ft.
ft.
ft.
ft.
ft.
Lot Width
Corner lot
125 ft.
60 ft.
60 ft.
70 ft.
90 ft.
Interior lot
125 ft.
50 ft.
60 ft.
70 ft.
90 ft.
Lot Depth
N/A
N/A
80 ft.
90 ft.
100 ft.
October 2010 Newport Beach Zoning Code, Title 20
20.18
Residential Zoning Districts
TABLE 2-2
DEVELOPMENT STANDARDS FOR SINGLE -UNIT RESIDENTIAL ZONING DISTRICTS
Development R-1 - R-1 - R-1 - Additional
Feature R -A R-1 6,000 7,200 10,000 Requirements
Density/Intensity
Each legal lot shall be allowed one single -unit detached dwelling.
The distances below are minimum setbacks required for primary structures. See
Section 20.30. 110 (Setback Regulations and Exceptions) for setback measurement,
allowed projections into setbacks, and exceptions. The following setbacks shall
Setbacks
apply, unless different requirements are identified on the Setback Maps in which
case the Setback Maps shall control. (See Part 8). Side and rear setback areas
shown on the Setback Maps shall be considered front setback areas for the purpose
of regulating accessory structures. Also refer to Section 20.48.180 (Residential
Develo ment Standards).
Front:
20 ft.
20 ft.
20 ft.
20 ft.
15 ft.
20.30.110
20.48.180
Side (interior,
each):
Lots 40 ft. wide or
5 ft.
3 ft. (4)
6 ft.
5 ft.
10 ft.
20.30.110
less.
20.48.180
Lots wider than 40
5 ft.
4 ft.
6 ft.
5 ft.
10 ft.
ft.
Side (Street
side):
Lots 40 ft. wide or
5 ft.
3 ft.
6 ft.
5 ft
10 ft.
20.30.110
less.
20.48.180
Lots wider than 40
5 ft.
4 ft.
6 ft.
5 ft.
10 ft.
ft.
Rear
25 ft.
10 ft.
6 ft.
20 ft.
10 ft.
Lots abutting a
10 ft. alley or
Abutting Alley:
less that are
10 ft. wide or less
N/A
5 ft.
N/A
N/A
N/A
directly across
the alley from
15 ft. wide or less
N/A
5 ft.
N/A
N/A
N/A
the side yard of
a lot abutting an
15'-1" to 19'-11"
N/A
3'-9"
N/A
N/A
N/A
alley shall
provide a
20 ft. wide or more
N/A
0
N/A
N/A
N/A
setback for the
first floor of at
least 10 ft. from
the alley.
Bluff edge
As provided in Section 20.28.040 (Bluff Overlay District).
setback
Bulkhead
Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning
setback
district.
Site Coverage
Maximum percentage of the total lot area that may be covered by structures.
N/A
N/A
60%
60%
60%
Lots 40 ft. wide or
less
40%
N/A
60%
60%
60%
i Newport Beach Zoning Code, Title 20 October 2010
Residential Zoning Districts
20.18
TABLE 2-2
DEVELOPMENT STANDARDS FOR SINGLE -UNIT RESIDENTIAL ZONING DISTRICTS
Development R-1 - R-1 - R-1 - Additional
Feature R -A R-1 6,000 7,200 10,000 Requirements
Lots wider than 40
ft.
Floor Area Limit
(gross floor area)
Citywide
N/A
2.0(5)(6)
N/A
Corona del Mar
1.5 (5)(6)
Height (3)
Maximum height of structures without discretionary approval. See Subsection
20.30.060.8 Increase in eight Limit for possible increase in hei ht limit.
See
Flat roof
24 ft.
24 ft.
24 ft.
35 ft. and
24 ft.
20.30.060.B.2
2 stories
(Height Limit
Areas) and
Sloped roof;
29 ft.
29 ft.
29 ft.
40 ft. and
29 ft.
20.30.060. A
Minimum 3/12
2 stories
(Height of
pitch
structures and
measurement)
Bluffs
See Section 20.28.040 (Bluff Overlay District)
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Parking
See Chapter 20.40 (Off -Street Parking).
Satellite
Antennae
See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities).
Signs
See Chapter 20.42 (Sign Standards).
Residential
Development
See Section 20.48.180 (Residential Development Standards).
Standards
Notes.
(1) All development and the subdivision of land shall comply with the requirements of Municipal Code
Title 19 (Subdivisions).
(2) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less
than that identified in Table 2-2 in compliance with the provisions of Municipal Code Title 19
(Subdivisions). The minimum lot size shall not be less than the original underlying lots on the
same block face and in the same zoning district. Lot width and length may vary according to the
width and depth of the original underlying lots. New subdivisions that would result in additional
dwelling units beyond what the original underlying lots would allow are not permitted unless
authorized by an amendment of the General Plan (GPA).
(3) On the bluff side of Ocean Boulevard, the maximum height shall not exceed the elevation of the
top of the curb abutting the lot.
October 2010 Newport Beach Zoning Code, Title 20
20.18
Residential Zoning Districts
(4) Side setback areas for lots designated Special Fire Protection Areas or Very High Fire Hazard
Severity Zones shall be a minimum of 5 feet unless reduced by the Fire Marshal.
(5) The floor area of a subterranean basement is not included in the calculation of total gross floor
area.
(6) The maximum gross floor area for a residential structure is determined by multiplying either 1.5 or
2.0 times the buildable area of the lot.
Newport Beach Zoning Code, Title 20 October 2010
Residential Zoning Districts
TABLE 2-3
DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT
RESIDENTIAL ZONING DISTRICTS
20.18
Development Feature
R -BI
R-2 R-2- 6,000 Additional
Requirements
Lot Dimensions
Minimum dimensions
required for each
NEWLY CREATED lot.
Lot Area (1) (2) (3)
Corner lot
2,375 sq. ft.
6,000 sq. ft.
6,000 sq. ft.
Interior lot
2,375 sq. ft.
5,000 sq. ft.
6,000 sq. ft.
Lot Width
Corner lot
60 ft.
60 ft.
60 ft.
Interior lot
50 ft.
50 ft.
60 ft.
Lot Depth
N/A
N/A
80 ft.
Minimum required site area per dwelling unit based on net area of the lot.
Site Area per Dwelling
1,000 sq. ft. 1,000 sq. ft. 1 3,000 sq. ft.
Unit
No more than 2 units per lot
Maximum percentage of the total lot area that may be covered by structures.
Site Coverage
N/A
N/A
60%
Floor Area Limit (9)
1.5 plus
2.0 citywide (8)
(gross floor area)
200 sq. ft.
1.5 Corona del
N/A
Mar(8)
The distances below are minimum setbacks required for primary structures. See
Section 20.30. 110 (Setback Regulations and Exceptions) for setback measurement,
allowed projections into setbacks, and exceptions. The following setbacks shall
Setbacks
apply, unless different requirements are identified on the Setback Maps in which case
the Setback Maps shall control. (See Part 8). Side and rear setback areas shown on
the Setback Maps shall be considered front setback areas for the purpose of
regulating accessory structures. Also refer to Section 20.48.180 (Residential
Development Standards).
Front:
20 ft.
20 ft.
20 ft.
Side (interior, each):
Lots 40 ft. wide or less.
3 ft.
3 ft.
6 ft.
Lots 40'-1" wide to 49'-11"
4 ft.
4 ft.
6 ft.
wide.
Lots 50 ft. wide and greater.
N/A
4 ft.
6 ft.
Side (Street side):
Lots 40 ft. wide or less.
3 ft.
3 ft.
N/A
Lots 40'-1" wide to 49'-11"
4 ft.
4 ft.
N/A
wide.
Lots 50 ft. wide and greater.
N/A
N/A
6 ft.
October 2010 Newport Beach Zoning Code, Title 20
20.18
Residential Zoning Districts
TABLE 2-3
DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT
RESIDENTIAL ZONING DISTRICTS
Development Feature
R -BI
i
R-2 R-2- 6,000
Additional
Requirements
Rear
10 ft.
10 ft.
6 ft.
Lots abutting a 10 ft.
alley or less that are
Abutting Alley
directly across the
10 ft. wide or less
5 ft.
5 ft.
N/A
alley from the side yard
of a lot abutting the
15 ft. wide or less
5 ft.
5 ft.
N/A
alley shall
provide a setback
15'-1" to 19'-11"
3'-9"
3'-9"
N/A
for the first floor of at
least 10 ft. from the
20 ft. wide or more
0
0
N/A
alley.
Waterfront
10 ft.
.10 ft.
N/A
Bluff edge setback
As provided in Section 20.28.040 (Bluff Overlay District)
Bulkhead setback
Structures shall be setback a minimum of 10 ft. from the bulkhead in each zoning
district.
Maximum height of structures without discretionaly approval. See Section
Height (6)
20.30.060.B (Increase in Height Limit) for possible increase in height limit.
24 ft.
24 ft.
24 ft.
See Section
Flat roof
20.30.060.13 (Increase
Sloped roof;
29 ft.
29 ft.
29 ft.
in Height Limit)
Minimum 3/12 pitch
Bluffs
See Section 20.28.040 (Bluff Overlay District).
Fencing
See Section 20.30.040 (Fences, Hedges, Walls and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Parking
See Chapter 20.40 (Off -Street Parking).
Satellite Antennae
See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities).
Signs
See Chapter 20.42 (Sign Standards).
Residential Development
See Section 20.48.120.
Standards
Newport Beach Zoning Code, Title 20 October 2010
Residential Zoning Districts
TABLE 2-3
DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT
RESIDENTIAL ZONING DISTRICTS
20.18
Development
JRM RMD RM - 6,000 Additional
Feature
Requirements
Lot Dimensions
Minimum dimensions
required for each NEWLY
CREATED lot.
Lot Area (1) (2) (3)
Corner lot
6,000 sq. ft.
6,000 sq. ft.
6,000 sq. ft.
Interior lot
5,000 sq. ft.
5,000 sq. ft.
6,000 sq. ft.
Lot Width
Corner lot
60 ft.
60 ft.
60 ft.
Interior lot
50 ft.
50 ft.
60 ft.
Lot Depth
N/A
N/A
80 ft.
Minimum required site area per dwelling unit based on net area of the lot unless the
Site Area per
maximum number of units is shown on the zoning map.
1,200 sq. ft. (7)
1,000 sq. ft.
1,500 sq. ft.
Dwelling Unit
Maximum percentage of the total lot area that may be covered by structures.
Site Coverage
N/A
N/A
60%
Floor Area Limit
1.75(4)
N/A
N/A
(gross floor area)
The distances below are minimum setbacks required for primary structures. See
Section 20.30. 110 (Setback Regulations and Exceptions) for setback measurement,
allowed projections into setbacks, and exceptions. The following setbacks shall
Setbacks
apply, unless different requirements are identified on the Setback Maps in which case
the Setback Maps shall control. (See Part 8). Side and rear setback areas shown on
the Setback Maps shall be considered front setback areas for the purpose of
regulating accessory structures. Also refer to Section 20.48.180 (Residential
Development Standards).
20 ft.
20 ft.
20 ft.
Front:
Side (interior, each):
Lots 40 ft. wide or
3 ft.
N/A
6 ft.
less.
Lots 40'-1" wide to
4 ft.
5 ft.
6 ft.
49'-11" wide.
Lots 50 ft. wide and
8% of the average
N/A
6 ft.
greater.
lot width (5)
October 2010 Newport Beach Zoning Code, Title 20
20.18
Residential Zoning Districts
TABLE 2-3
DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT
RESIDENTIAL ZONING DISTRICTS
Newport Beach Zoning Code, Title 20 October 2010
Development
RM
RMD RM - 6,000
Additional
Feature
Requirements
i
Side (Street side):
Lots 40 ft. wide or
less.
3 ft.
N/A
Lots 40'-1" wide to
4 ft.
5 ft.
N/A
49'-11" wide.
Lots 50 ft. wide and
8% of the average
6 ft.
greater.
lot width (5)
Rear
25 ft.
10 ft.
6 ft.
Lots abutting a 10 ft.
alley or less that are
Abutting Alley
directly across the
10 ft. wide or less
N/A
N/A
alley from the side
N/A
yard of a lot abutting
15 ft. wide or less
5 ft.
N/A
the alley shall
provide a setback
15'-1" to 19'-11"
3'-9"
N/A
for the first floor of at
least 10 ft. from the
20 ft. wide or
0
N/A
alley.
more
10 ft.
N/A
Waterfront
Bluff edge setback
As provided in Section 20.28.040 (Bluff Overlay District)
Bulkhead setback
Structures shall be setback a minimum of 10 ft. from the bulkhead in each zoning
district.
Height (6)
Maximum height of structures without discretionaly approval. See Section
20.30.060.8 (Increase in Height Limit) for possible increase in height limit.
28 ft.
28 ft.
28 ft.
See Section
Flat roof
20.30.060.6
Sloped roof;
33 ft.
33 ft.
33 ft
(Increase in Height
Minimum 3/12 pitch
Limit)
Newport Beach Zoning Code, Title 20 October 2010
Residential Zoning Districts
TABLE 2-3
DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT
RESIDENTIAL ZONING DISTRICTS
20.18
Development
RM RMD RM - 6,000
Additional
Feature
Requirements
Open Space
Minimum required open space.
Common: 75 square
Common: 75 square
See Section
feet/unit
feet/unit
20.48.180
(Residential
Minimum dimension
Minimum dimension
Development
shall be 15 feet.
shall be 15 feet.
Standards) for R-2
Private: 5% of the
N/A
Private: 5% of the
open space
gross floor area for
gross floor area for
standards.
each unit.
each unit.
The minimum
Minimum dimension
Minimum dimension
dimension is for
shall be 6 feet.
shall be 6 feet.
length and width.
Bluffs
See Section 20.28.040 (Bluff Overlay District).
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Parking
See Chapter 20.40 (Off -Street Parking).
Satellite Antennae
See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Municipal Code
Title 19 (Subdivisions).
(2) Lots may be subdivided so that the resulting lot area and dimensions for each new lot is less than
that identified in Table 2-3 in compliance with the provisions of Municipal Code Title 19
(Subdivisions). The minimum lot size shall not be less than the original underlying lots on the
same block face and in the same zoning district. Lot width and length may vary according to the
width and depth of the original underlying lots. New subdivisions that would result in additional
dwelling units beyond what the original underlying lots would allow are not permitted unless
authorized by an amendment of the General Plan (GPA).
(3) On a site of less than 5,000 square feet that existed prior to March 10, 1976, a two-family
dwelling may be constructed provided that there shall be not less than 1,000 square feet of land
area for each dwelling unit.
(4) 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 or 1.5 times the buildable area of the site in
Corona del Mar; 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.
October 2010 Newport Beach Zoning Code, Title 20
20.18
Residential Zoning Districts
(5) Interior and street side setback areas are not required to be wider than 15 feet; however, the side
setback area on the street side of a corner lot, where the abutting lot has a reversed frontage,
shall not be less than the front setback area required on the abutting reversed frontage.
(6) On the bluff side of Ocean Boulevard, the maximum height shall not exceed the elevation of the
top of the curb abutting the lot.
(7) Portions of legal lots that have a slope greater than two -to -one (2:1) or that are submerged lands
or tidelands shall be excluded from the land area of the lot for the purpose of determining the
allowable number of units.
(8) The floor area of a subterranean basement is not included in the calculation of total gross floor
area.
(9) The maximum gross floor area for a residential structure is determined by multiplying either 1.5 or
2.0 times the buildable area of the lot.
Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.20 — Commercial Zoning Districts [OA, OG, OM, OR, CC,
CG, CM, CN, CV]
20.20.010 — Purposes of Commercial Zoning Districts
20.20.020 — Commercial Zoning Districts Land Uses and Permit Requirements
20.20.030 — Commercial Zoning Districts General Development Standards
20.20.010 — Purposes of Commercial Zoning Districts
The purposes of the individual commercial zoning districts and the manner in which they are
applied are as follows:
A. OA (Office - Airport) Zoning District. The OA zoning district is intended to provide for
areas appropriate for the development of properties adjoining the John Wayne Airport for
uses that support or benefit from airport operations. These may include corporate and
professional offices; automobile sales, rental, and service; aviation sales and service;
hotels; and accessory retail, restaurant, and service uses.
OG (Office - General) Zoning District. The OG zoning district is intended to provide for
areas appropriate for administrative, professional, and medical offices with limited
accessory retail and service uses.
C. OM (Office - Medical) Zoning District. The OM zoning district is intended to provide
for areas appropriate primarily for medical -related offices, other professional offices,
retail, short-term convalescent and long-term care facilities, research labs, and similar
uses.
D. OR (Office - Regional) Zoning District. The OR zoning district is intended to provide
for areas appropriate for corporate offices, administrative and professional offices that
serve local and regional markets, with limited accessory financial, retail, service, and
entertainment uses.
E. CC (Commercial Corridor) Zoning District. The CC zoning district is intended to
provide for areas appropriate for a range of neighborhood -serving retail and service uses
along street frontages that are located and designed to foster pedestrian activity.
F. CG (Commercial General) Zoning District. The CG zoning district is intended to
provide for areas appropriate for a wide variety of commercial activities oriented primarily
to serve City-wide or regional needs.
G. CM (Commercial Recreational and Marine) Zoning District. The CM zoning district is
intended to provide for areas appropriate for commercial development on or near the
waterfront that will encourage the continuation of coastal -dependent and coastal -related
uses, maintain the marine theme and character, encourage mutually supportive
businesses, encourage visitor -serving and recreational uses, and encourage physical
and visual access to the bay on sites located on or near the bay.
October 2010 Newport Beach Zoning Code, Title 20
20.20
Commercial Zoning Districts
H. CN (Commercial Neighborhood) Zoning District. The CN zoning district is intended
to provide for areas appropriate for a limited range of retail and service uses developed
in one or more distinct centers oriented to serve primarily the needs of and maintain
compatibility with residential uses in the immediate area.
CV (Commercial Visitor -Serving) Zoning District. The CV zoning district is intended
to provide for areas appropriate for accommodations, goods, and services intended to
serve primarily visitors to the City.
20.20.020 — Commercial Zoning Districts Land Uses and Permit Requirements
A. Allowed land uses. Tables 2-4 and 2-5 indicate the uses allowed within each zoning
district and the permit required to establish the use, if any, in compliance with Part 5
(Planning Permit Procedures).
B. Prohibited land uses. Any table cell with "---" means that the listed land use is
prohibited in that specific zoning district.
C. Applicable Regulations. The last column in the tables ("Specific Use Regulations")
may include a reference to additional regulations that apply to the use.
Commercial Office Zoning Districts
Permit Requirements *
TABLE 2-4 P Permitted By -Right
ALLOWED USES AND PERMI CUP Conditional Use Permit (20.66.090)
REQUIREMENTS MU Minor Use Permit (20.66.090)
P Limited Term Permit (20.66.080)
LTP Not allowed
Land Use
CUP
---
CUP
---
CUP
CUP
Specific Use
See Part 7 for land use definitions.
OA
OG
OM
OR
Regulations
See Chapter 20.12 for unlisted uses.
CUP
CUP
---
CUP
Schools, related to medical professions
Retail Trade Uses
Alcohol Sales (off -sale)
Industry,• and Processing, and
Warehousing Uses
MUP
MUP
Handicraft Industry
P ---
--- ---
Industry, Small (Less than 5,000 sq. ft.)
MUP ---
--- ---
Personal Storage (Mini Storage)
P ---
--- ---
Research and Development, General
P P
P P
Research and Development, Restricted I MUP I MUP I MUP I MUP
Assembly/Meeting Facilities
Small - 5,000 sq. ft. or less (Religious
assembly may be larger than 5,000 sq. ft.
Commercial Recreation and Entertainment
CUP
---
CUP
---
CUP
CUP
---
CUP
Cultural Institutions
P
---
---
P
Schools, Public and Private
CUP
CUP
---
CUP
Schools, related to medical professions
Retail Trade Uses
Alcohol Sales (off -sale)
MUP
MUP
MUP
MUP
MUP
MUP
MUP
MUP 20.48.030
Alcohol Sales (off -sale), Accessory Only
P
MUP
MUP
P
Retail Sales (less than 10,000 sq. ft.)
MUP
P
P
P
Retail Sales (10,000 sq. ft. or greater)
CUP
---
---
---
Newport Beach Zoning Code, Title 20 October 2010
Commercial Zoning Districts
Commercial Office Zoning Districts
Permit Requirements *
TABLE 2-4 11F
Per
By-Right
ALLOWED USES AND PERMIT ditional Use Permit (20.66.090)
REQUIREMENTS MU Minor Use Permit (20.66.090)
P Limited Term Permit (20.66.080)
LTP Not allowed
20.20
Land Use
See Part 7 for land use definitions.
See Chapter 20.12 for unlisted uses.
OA
OG
OM
OR Specific Use
Regulations
MUP MUP MUP MUP
Pharmacy, Medical Supplies
111rice Uses — Business, Financial, Medical,
ATM
P
and Professional
P
P
P
P
P
P
P
Convalescent Facilities
---
---
P
---
Emergency Health Facilities/Urgent Care
P
P
P
P
Financial Institutions and Related Services
P
P
P
P
Hospitals
--
--
CUP
--
Offices - Business
P
P
P
P
Offices - Corporate
P
P
---
P
Offices - Medical and Dental
P
P
P
P
Offices - Professional
P
P
P
P
Outpatient Suraery Facilitv
P
P
P
P
Ambulance Services
Animal Sales and Services
Animal Boarding/Kennels
Animal Grooming
Veterinary Services
Artists' Studios
Catering Services
Day Care - General
Eating and Drinking Establishments
Accessory food service (open to public)
Bars, Lounges, and Nightclubs
Fast Food (no late hours) (1)(2)
Fast Food (with late hours) (1)
Food Service (no alcohol, no late hours)
(1)(2)
Food Service (no late hours) (1)
Food Service (with late hours (1)
Take -Out Service, Limited (2)
Emergency Shelters
Funeral Homes and Mortuaries, w/o
crematorium
Funeral Homes and Mortuaries, with
crematorium
Health/Fitness Facilities
Small - 2,000 sq. ft or less
Large - Over 2,000 sq. ft.
P --- -- CUP 20.48.050
P MUP -- MUP 20.48.050
P CUP CUP CUP 20.48.050
P P --- P
P P -- P
MUP MUP MUP MUP
P
P
P
P
20.48.090
CUP
---
---
CUP
20.48.090
P/MUP
P/MUP
---
---
20.48.090
MUP
MUP
---
---
20.48.090
P/MUP
P/MUP
P/PMU
P/MUP
20.48.090
MUP
MUP
MUP
MUP
20.48.090
CUP
CUP
CUP
CUP
20.48.090
P/MUP
P/MUP
P/PMU
P/MUP
20.48.090
P
---
---
---
20.48.100
MUP
MUP
MUP
MUP
CUP I CUP I CUP I CUP
P P P P
MUP MUP MUP MUP
October 2010 Newport Beach Zoning Code, Title 20
20.20
Commercial Zoning Districts
Commercial Office Zoning Districts
Permit Requirements *
TABLE 2-4 11F
Per
By-Right
ALLOWED USES AND PERMIT ditional Use Permit (20.66.090)
REQUIREMENTS MU Minor Use Permit (20.66.090)
P Limited Term Permit (20.66.080)
LTP Not allowed
Land Use
See Part 7 for land use definitions.
See Chapter 20.12 for unlisted uses.
OA
OG
OM
OR
Specific Use
Regulations
Vehicles for hire
CUP
---
Laboratories
P
P
P
P
---
Maintenance and Repair Services
P
P
---
P
Massage Establishments
MUP
MUP
MUP
MUP
MC 5.50
20.48.120
Massage Services, Accessory
MUP
MUP
MUP
MUP
20.48.120
Personal Services, General
P
P
P
P
Personal Services, Restricted
MUP
MUP
MUP
MUP
Postal Services
P
P
P
P
Printing and Duplicating Services
P
P
P
P
Smoking Lounges
---
---
---
---
Visitor Accommodations, Nonresidential
Hotels, Motels, and Time -Shares
CUP --
CUP
---
Communication Facilities
P
P
----
P
Heliports and Helistops (3)
CUP
---
CUP
CUP
Parking Facilities
MUP
MUP
MUP
MUP
Parking Structures, adjacent to residential
district
---
CUP
CUP
---
Utilities, Minor
P
P
P
P
Utilities, Major
CUP
CUP
CUP
CUP
Wireless Telecommunication Facilities
Vehicle Rental, Sale, and Service Uses
Vehicle Sales, Office Only
Municipal Code Chapter 15.70
P P --- P
Vehicle/Equipment Rentals
Office Only
P
P
---
P
Vehicles for hire
CUP
---
---
---
Vehicle/Equipment Rentals and Sales
CUP
---
---
---
Vehicle/Equipment Repair
General CUP --- --- ---
Limited MUP --- --- ---
Vehicle/Equipment Services
Automobile Washing/Detailing, self MUP MUP --- MUP
service or accessory
Service Stations CUP --- --- --- 20.48.210
Accessory Structures and Uses P P P P
Drive -Through Facilities MUP MUP MUP MUP 20.48.080
Outdoor Storage and Displav P P P P 20.48.140
Newport Beach Zoning Code, Title 20 October 2010
Commercial Zoning Districts
Commercial Office Zoning Districts
Permit Requirements "
TABLE 2-4 P Permitted By -Right
ALLOWED USES AND PERMIT CUP Conditional Use Permit (20.66.090)
REQUIREMENTS MU Minor Use Permit (20.66.090)
P Limited Term Permit (20.66.080)
LTP Not allowed
20.20
Land Use
See Part 7 for land use definitions. OA OG OM OR Specific Use
See Chapter 2012.for unlisted uses. Regulations
Special Events Municipal Code Chapter 11.03
Temporary Uses LTP LTP LTP I LTP 1 20.52.040
Uses not listed. Land uses that are not listed in the table above, or are not shown in a particular
zoning district are not allowed, except as otherwise provided by Section 20.12.020 (Rules of
Interpretation).
(1) Late hours. Facilities with late hours shall mean facilities that offer service and are open to the
public past 11:00 p.m. any day of the week.
(2) Permitted or Minor Use Permit required.
a. A Minor Use Permit shall be required for any use located within 500 feet, property line to
property line, of any residential zoning district.
b. A Minor Use Permit shall be required for any use that maintains late hours.
(3) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed
heliport or helistop complies fully with State of California permit procedures and with all conditions
of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use
Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics.
Alcohol Sales (off -sale)
T
Commercial Retail Zoning Districts
TABLE 2-5Permit
Requirements
MUP
P
Permitted By -Right
P P
--- P
ALLOWED USES AND CUP
Conditional Use Permit (20.66.090)
P
--
PERMIT REQUIREMENTS MUP
Minor Use Permit (20.66.090)
LTP
Limited Term Permit (20.66.080)
---
Not allowed
Land Use
Specific Use
See Part 7 for land use definitions.
CC CG CM CN
CV Regulations
See Chapter 20.12 for unlisted uses.
Industry, Manufacturing and Processing, and
Warehousing Uses
Handicraft Industry
P P P P
P
Assembly/Meeting Facilities
CUP CUP CUP CUP
CUP
Commercial Recreation and Entertainment
CUP CUP CUP
CUP
CUP
Cultural Institutions
P P MUP
--
P
Schools, Public and Private
--- CUP I CUP
CUP
CUP
Alcohol Sales (off -sale)
MUP MUP
MUP
MUP
MUP
20.48.030
Alcohol Sales (off -sale), Accessory Only
Bulk merchandise
P P
--- P
P
---
P
P
P
--
October 2010 Newport Beach Zoning Code, Title 20
20.20
TABLE 2-5
ALLOWED USES AND
PERMIT REQUIREMENTS
Land Use
See Part 7 for land use definitions.
See Chanter 20.12 for unlisted use
Marine Rentals and Sales
Commercial Zoning Districts
Commercial Retail Zoning Districts
Permit Requirements
P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
--- Not allowed *
CC I CG I CM I CN I CV
Specific Use
Regulations
Boat Rentals and Sales
--
CUP
CUP
--
CUP
20.48.050
Marine Retail Sales
P
P
P
--
P
Retail Sales
P
P
P
P
---
Eating and Drinking Establishments
Accessory food service (open to public)
Bars, Lounges, and Nightclubs
Fast Food (no late hours) (1)(2)
Fast Food (with late hours) (1)
Food Service (no alcohol, no late hours)
(1)(2)
Food Service (no late hours) (1)
Food Service (with late hours (1)
Take -Out Service, Limited (2)
Visitor Serving Retail
P
---
---
---
P
Service Uses — 9u'siness, Financial, Medical,
and Professional
P
P
20.48.090
CUP
CUP
ATM
P
P
P
P
P
P/MUP
Emergency Health Facility/Urgent Care
P/MUP
MUP
--
--
MUP
MUP
above 1St floor only)MUP
20.48.090
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Financial Institutions and Related Services
P
P
--
P
P
20.48.090
Offices - Corporate (above 1St floor only)
P
P
P
P
---
P/MUP
Offices - Business
P
P
P
P
P
Offices - Medical and Dental
P
P
--
P
P
---
Offices - Professional (above 1St floor only)
P
P
P
P
P
Outpatient Surgery Facility (above 1"floor
only)
MUP
MUP
P
---
---
Service Uses - Genera���
Ambulance Services
---
MUP
--
--
---
Animal Sales and Services
Animal Boarding/Kennels CUP CUP --
Animal Grooming P P --
Animal Retail Sales P P --
Veterinary Services CUP CUP --
CUP ---
20.48.050
P P
20.48.050
P P
20.48.050
CUP ---
20.48.050
Artists' Studios P P P
P P
Catering Services --- P P
P P
Day Care, General MUP MUP --
MUP MUP
Eating and Drinking Establishments
Accessory food service (open to public)
Bars, Lounges, and Nightclubs
Fast Food (no late hours) (1)(2)
Fast Food (with late hours) (1)
Food Service (no alcohol, no late hours)
(1)(2)
Food Service (no late hours) (1)
Food Service (with late hours (1)
Take -Out Service, Limited (2)
P
P
P
P
P
20.48.090
CUP
CUP
CUP
CUP
CUP
20.48.090
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
20.48.090
MUP
MUP
MUP
MUP
MUP
20.48.090
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
20.48.090
MUP
MUP
MUP
MUP
MUP
20.48.090
CUP
CUP
CUP
CUP
CUP
20.48.090
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
20.48.090
Funeral Homes and Mortuaries, without---
crematorium
MUP
--
--
---
Funeral Homes and Mortuaries, with
crematorium
---
CUP
---
---
---
Health/Fitness Facilities
Newport Beach Zoning Code, Title 20
October 2010
Commercial Zoning Districts
TABLE 2-5
ALLOWED USES AND
PERMIT REQUIREMENTS
Land Use
See Part 7 for land use definitions.
See Chapter 20.12 for unlisted uses.
Small - 2,000 sq. ft. or less
Large - Over 2,000 sq. ft.
Laboratories
Maintenance and Repair Services
Marine Services
20.20
Commercial Retail Zoning Districts
Permit Requirements
P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
--- Not allowed *
CC CG CM CN CV Specific Use
Regulations
P P P P P
MUP MUP MUP MUP MUP
--- P --- -- --
P P --- P --
Boat Storage
Boat Yards
Entertainment and Excursion Services
Marine Service Stations
Water Transportation Services
--
--
CUP
--
--
Parking Facilities MUP
-- -- CUP -- --
MUP
-- -- P -- P
MC Title 17
-- -- CUP -- CUP
MUP
--- --- MUP --- MUP
20.48.060
Massage Establishments
Massage Services, Accessory
Nail Salons
MUP
MUP
---
MUP
MUP
MC 5.50
20.48.120
MUP MUP --- MUP MUP
20.48.120
P P --- P P
Time Share Facilities
Personal Services, General
Personal Services, Restricted
Studio
--
-- CUP
20.48.220
Transportation,
Communication Facilities
MUP P
MUP
P P --- P P
MUP MUP --- MUP MUP
P P --- P P
Postal Services
P
P
---
P
P
Printing and Duplicating Services
P
P
---
P
---
Recycling Facilities
Collection Facility - Small MUP I MUP --- MUP -- 20.48.160
Smoking Lounges
---
---
---
---
---
Parking Facilities MUP
Visitor Accommodations
MUP
MUP
Bed & Breakfast Inns
MUP MUP
MUP
-- MUP
20.48.060
Hotels and Motels
CUP CUP
CUP
--- CUP
P
RV Parks
-- --
--
-- CUP
Utilities, Major CUP
Time Share Facilities
--- CUP
--
-- CUP
20.48.220
Transportation,
Communication Facilities
MUP P
MUP
-- P
Marinas
Municipal Code Title 17
Marina Support Facilities ---
---
MUP
---
MUP
Parking Facilities MUP
MUP
MUP
MUP
MUP
Parking Structure, adjacent to residential CUP
zoning district
CUP
---
CUP
CUP
Utilities, Minor P
P
P
P
P
Utilities, Major CUP
CUP
I CUP
I CUP
I CUP
Wireless Telecommunication Facilities
Vehicle/Equipment Rentals
Municipal Code Chapter 15.70
October 2010 Newport Beach Zoning Code, Title 20
20.20
TABLE 2-5 P
ALLOWED USES AND CUP
PERMIT REQUIREMENTS MUP
LTP
Land Use
See Part 7 for land use definitions.
See Chapter 20.12 for unlisted uses.
Commercial Zoning Districts
Commercial Retail Zoning Districts
Permit Requirements *
Permitted By -Right
Conditional Use Permit (20.66.090)
Minor Use Permit (20.66.090)
Limited Term Permit (20.66.080)
Not allowed *
CC I CG
Cv
Specific Use
Regulations
General
---
P
CUP
---
---
P
CUP
P
Office Only
P P
Limited
P
P
P
--
P
CUP
Vehicles for hire
---
CUP
--- ---
CUP
Vehicle/Equipment Repair
P
P
P
---
General --- CUP --- ---
Limited
MUP
MUP
MUP --
---
Vehicle Sales, Office Only
P
P
P P
P
Vehicle/Equipment Services
Automobile Washing/Detailing, full
service
---
MUP
---
MUP
MUP
Automobile Washing/Detailing, self
service or accessory
P
P
---
P
MUP
Service Stations
CUP
CUP
---
CUP
CUP
20.48. 210
Other
Accessory Structures and Uses
P
P
P
P
P
Drive -Through Facilities
MUP
MUP
MUP
MUP
MUP
20.48.080
Special Events
Municipal Code Chapter 11.03
Outdoor Storage and Display
P
P
P
P
P
20.48.140
Temporary Uses
LTP
LTP
LTP
LTP
LTP
20.52.040
Uses not listed. Land uses that are not listed in the table above, or are not shown in a particular
zoning district are not allowed, except as otherwise provided by Section 20.12.020 (Rules of
Interpretation).
(1) Late hours. Facilities with late hours shall mean facilities that offer service and are open to the
public past 11:00 p.m. any day of the week.
(2) Permitted or Minor Use Permit required.
A Minor Use Permit shall be required for any use located within 500 feet, property line to
property line, of any residential zoning district.
A Minor Use Permit shall be required for any use that maintains late hours.
20.20.030 — Commercial Zoning Districts General Development Standards
New land uses and structures, and alterations to existing land uses and structures, shall be
designed, constructed, and/or established in compliance with the requirements in Table 2-6 and
Table 2-7, in addition to the development standards in Part 3 (Site Planning and Development
Standards).
Newport Beach Zoning Code, Title 20 October 2010
Commercial Zoning Districts
TABLE 2-6
DEVELOPMENT STANDARDS FOR COMMERCIAL OFFICE ZONING DISTRICTS
Development Feature
Lot Dimensions
Lot Area (1)
Lot Width
Setbacks
Front or adjacent to a
street.
Lots fronting on Old
Newport Blvd. or
Westminster Ave.
Side (interior, each)
Abutting nonresidential
Abutting residential
20.20
OA OG
OM OR
Additional
15 ft
15 ft
Requirements
Lots fronting on Old
Minimum dimensions required for each NEWLY CREATED lot
25,000 sq.
5,000 sq. ft.
25,000 sq.
10,000 sq.
N/A
ft.
N/A.
ft.
ft.
Westminster Ave.
100 ft.
50 ft.
100 ft.
100 ft.
The distances below are minimum setbacks required for primary
structures. See Section 20.30. 110 (Setback Regulations and Exceptions)
for setback measurement, allowed projections into setbacks, and
exceptions.
15 ft
N/A
15 ft.
15 ft.
0
N/A. 1 0 1 N/A I N/A
0 0 0 0
N/A 5 ft. 5 ft. N/A
Side (Street side)
15 ft.
15 ft.
15 ft
15 ft
Lots fronting on Old
Newport Blvd. or
N/A
0
N/A.
N/A.
Westminster Ave.
Rear
0
0
0
0
Abutting alley
N/A
5 ft.
N/A.
N/A
Abutting residential
N/A.
5 ft.
5 ft.
N/A
Floor Area Ratio
0.5 for
As
0.75,
As
office uses.
identified
except as
identified
0.75 for
on the
identified
on the
warehouse
Official
on the
Official
uses.
Zoning
Official
Zoning
Map.
Zoning
Map.
Map.
October 2010 Newport Beach Zoning Code, Title 20
20.20
Commercial Zoning Districts
TABLE 2-6
DEVELOPMENT STANDARDS FOR COMMERCIAL OFFICE ZONING DISTRICTS
(1) All development and the subdivision of land shall comply with the requirements of Municipal Code
Title 19 (Subdivisions).
Newport Beach Zoning Code, Title 20 October 2010
Development Feature
OA OG
OM OR
Additional
Requirements
Maximum allowable height of structures without discretionary approval.
Height
See Section 20.30.060 (Height Limits and Exceptions) for height
measurement requirements. See Section 20.30.060.8 (Increase in Height
Limit) for possible increase in height limit.
Within Shoreline Height
26 ft. with flat roof; less than 3/12 pitch
Limit Zone
31 ft. with sloped roof; 3/12 or greater pitch
Not within Shoreline
Height Limit Zone
32 ft. with flat roof; less than 3/12 pitch
20.30.060
37 ft. with sloped roof; 3/12 or greater pitch
Within High Rise Height
Limit Zone (See Part 8,
300 ft.
Figure H-1).
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor storage/display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking
See Chapter 20.40 (Off -Street Parking).
Signs
See Chapter 20.42 (Sign Standards).
(1) All development and the subdivision of land shall comply with the requirements of Municipal Code
Title 19 (Subdivisions).
Newport Beach Zoning Code, Title 20 October 2010
Commercial Zoning Districts
20.20
TABLE 2-7
DEVELOPMENT STANDARDS FOR COMMERCIAL RETAIL ZONING DISTRICTS
Development Feature CC CG CM CN CV Additional
Requirements
Lot Dimensions
Minimum dimensions
required
for each
NEWLY CREATED
lot
5,000 sq.
10,000
Lot Area (1)
ft.
sq. ft.
N/A
20,000
N/A
sq. ft
25 ft.
50 ft.
N/A.
100 ft.
N/A
Lot Width
Minimum setbacks
required
for primary
structures.
See Section
20.30.110. D
Setbacks
(Allowed Encroacments
into Setback
Areas) for setback
measurement,
allowed
projections
into setbacks,
and exceptions.
Front
0
0
0
0
0
Side (interior, each):
Abutting nonresidential
0
0
0
0
0
Abutting residential
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
0
0
0
0
0
Side (Street side)
Rear:
Abutting an alley
10 ft.
10 ft.
loft
10 ft.
10 ft.
Not abutting an alley
0
0
0
0
0
Abutting residential
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
Bulkhead setback
Structures shall be setback a minimum of 10 ft. from the bulkhead in each
zoning district.
Floor Area Ratio (2) (3)
The specific floor area limitations for each zoning district are identified on the
Zoning Map.
Height
Maximum allowable height of structures without discretionary approval. See
Section 20.30.060 (Height Limits and Exceptions) for height measurement
requirements. See Section 20.30.060.8 (Increase in Height Limit) for possible
increase in height limit.
Within Shoreline Height
Limit Zone
26 ft. with flat roof; less than 3/12 pitch
31 ft. with sloped roof; 3/12 or greater pitch
20.30.060
Not within Shoreline Height
Limit Zone
32 ft. with flat roof; less than 3/12 pitch
37 ft. with sloped roof; 3/12 or greater pitch
Within High Rise
October 2010 Newport Beach Zoning Code, Title 20 '
20.20
Commercial Zoning Districts
Height Area (See Part 8,
Figure H-1).
300
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36(Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor storage/display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking
See Chapter 20.40 (Off -Street Parking).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Municipal Code
Title 19 (Subdivisions).
(2) In the CG zoning district, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased
to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial
development projects in compliance with General Plan Policy LU 6.19.13 and Municipal Code
Title 19 (Subdivisions).
(3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of
the lot for the purpose of calculating the allowable floor area for structures.
[&&LIM Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.22 — Mixed -Use Zoning Districts [MU -V, MU -MM, MU -DW,
MU-CV/15th St, MU -W1, MU -W2]
20.22.010 — Purposes of Mixed -Use Zoning Districts
20.22.020 — Mixed -Use Zoning Districts Land Uses and Permit Requirements
20.22.030 — Mixed -Use Zoning Districts General Development Standards
20.22.010 — Purposes of Mixed -Use Zoning Districts
The purposes of the individual mixed-use zoning districts and the manner in which they are
applied are provided below. For the purpose of this Zoning Code, mixed-use projects shall
comply with nonresidential standards when no mixed use standards exist.
A. MU -V (Mixed -Use Vertical) Zoning District. This zoning district is intended to provide
for areas appropriate for the development of mixed-use structures that vertically
integrate residential dwelling units above the ground floor with retail uses including
office, restaurant, retail, and similar nonresidential uses located on the ground floor or
above.
B. MU -MM (Mixed -Use Mariners' Mile) Zoning District. This zoning district applies to
properties located on the inland side of Coast Highway in the Mariners' Mile Corridor
(See Part 8, Figure A-5). Properties fronting on Coast Highway may be developed for
nonresidential uses only. Properties to the rear of the commercial frontage may be
developed for free-standing nonresidential uses, multi -unit residential dwelling units, or
mixed-use structures that integrate residential above the ground floor with nonresidential
uses on the ground floor.
C. MU -DW (Mixed -Use Dove r/WestcIiff) Zoning District). This zoning district applies to
properties located in the Dover Drive/Westcliff Drive area. Properties may be developed
for professional office or retail uses, or as horizontal or vertical mixed-use projects that
integrate multi -unit residential dwelling units with retail and/or office uses.
D. MU-CV/15th St. (Mixed -Use Cannery Village and 15th Street) Zoning District. This
zoning district applies to areas where it is the intent to establish a cohesively developed
district or neighborhood containing multi -unit residential dwelling units with clusters of
mixed-use and/or commercial structures on interior lots of Cannery Village and 15th
Street on Balboa Peninsula. Allowed uses may include multi -unit dwelling units;
nonresidential uses; and/or mixed-use structures, where the ground floor is restricted to
nonresidential uses along the street frontage. Residential uses and overnight
accommodations are allowed above the ground floor and to the rear of uses along the
street frontage. Mixed-use or nonresidential structures are required on lots at street
intersections and are allowed, but not required, on other lots.
E. MU -W1 (Mixed -Use Water) Zoning District. This zoning district applies to waterfront
properties along the Mariners' Mile Corridor (See Part 8, Figure A-4) in which
nonresidential uses and residential dwelling units may be intermixed. A minimum of 50
percent of the allowed square footage in a mixed use development shall be used for
nonresidential uses in which marine -related and visitor serving land uses are mixed as
October 2010 Newport Beach Zoning Code, Title 20
20.22
Mixed -Use Zoning Districts
provided in Table 2-10. A Site Development Review, in compliance with Section
20.52.080, shall be approved prior to any development to ensure that the uses are fully
integrated and that potential impacts from their differing activities are fully mitigated.
F. MU -W2 (Mixed -Use Water) Zoning District. This zoning district applies to waterfront
properties in which marine -related uses may be intermixed with general commercial,
visitor serving commercial and residential dwelling units on the upper floors.
20.22.020 – Mixed -Use Zoning Districts Land Uses and Permit Requirements
A. Allowed land uses. Tables 2-8, 2-9, and 2-10 indicate the uses allowed within each
zoning district and the permit required to establish each use, in compliance with Part 5
(Land Use and Development Permit Procedures).
B. Prohibited land uses. Any table cell with "—" means that the listed land use is
prohibited in that specific zoning district.
C. Applicable Regulations. The last column in the tables ("Specific Use Regulations")
may include a reference to additional regulations that apply to the use.
W
TABLE 2-8
ALLOWED USES AND PERMIT
REQUIREMENTS Aj
Mixed -Use Zoning Districts
Permit Requirements
P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
--- Not allowed *
Land Use
MU-V
MU -MM
MU -DW
MU-CV/15th St.
Specific Use
See Part 7 for land use definitions.
Industry, Marine -Related ---
(6)
---
(7)
Regulations
See Chapter 20.12 for unlisted uses.
P
P
�Recreation, Education, and Public Assembly Uses
MIIIIIIIIIIIIIIII
Assembly/Meeting Facilities CUP
CUP
CUP
Industry, Manufacturing and Processing, Warehousing Uses
Handicraft Industry P
P
P
P
Industry, Marine -Related ---
CUP
---
MUP
Research and Development P
P
P
P
�Recreation, Education, and Public Assembly Uses
MIIIIIIIIIIIIIIII
Assembly/Meeting Facilities CUP
CUP
CUP
CUP
CUP
CUP
CUP
Commercial Recreation and Entertainment CUP
Cultural Institutions P
P
P
P
Schools, Public and Private CUP
CUP CUP CUP
Single -Unit Dwellings
Located on 1 st floor --- --- ---- P (3) 20.48.130
Located above 1 st floor P (1) --- --- P (3) 20.48.130
Multi -Unit Dwellings
Newport Beach Zoning Code, Title 20 October 2010
Mixed -Use Zoning Districts
TABLE 2-8
ALLOWED USES AND PERMIT
REQUIREMENTS
Land Use
See Part 7 for land use definitions.
See Chapter 20.12 for unlisted uses.
20.22
Mixed -Use Zoning Districts
Permit Requirements
P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
--- Not allowed *
MU -V MU -MM MU -DW MU-CV/15th St. Specific Use
(6) (7) Regulations
Located on 1 st floor
---
P (1)(2)
P(1)
P (3)
20.48.130
Located above 1 st floor
P (1)
P (1)(2)
P (1)
P (3)
20.48.130
Two -Unit Dwellings
Located on 1 st floor
Located above 1 st floor
---
---
---
P (3)
20.48.130
P (1)
---
---
P (3)
20.48.130
Home Occupations
P
P (1)
P
P
20.48.130
Live -work Units
P
P (1)(2)
P
P (3)
Alcohol Sales (off -sale)
Adult Day Care
CUP P
---
CUP
Small (6 or fewer)
P
P
P P
Child Day Care
Small (8 or fewer)
P
P
P P 20.48.0 70
Day Care, General
---
MUP
---
MUP
20.48.070
Emergency Health Care/Urgent Care
MUP MUP
MUP
Alcohol Sales (off -sale)
MUP
P
MUP
P
---
P
MUP
P
20.48.030
Alcohol Sales (off -sale) Accessory Only
Marine Rentals and Sales
P P
P
P
Boat Rentals and Sales
Marine Retail Sales
CUP P
---
CUP
P P
P
P
Retail Sales
Uses — Business, Financial, Medical,
P P
and Professional
P
P
.�ice
ATM's
P P
P
P
Emergency Health Care/Urgent Care
MUP MUP
MUP
MUP
Financial Institutions and Related Services
P P
P
P
Offices - Business
P P
P
P
Offices - Medical and Dental
P P
P
P
Offices - Professional
P P
P
P
�Service Uses - General JA A _11w_
October 2010 Newport Beach Zoning Code, Title 20
20.22
TABLE 2-8
ALLOWED USES AND PERMIT
REQUIREMENTS
Mixed -Use Zoning Districts
Mixed -Use Zoning Districts
Permit Requirements
P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
--- Not allowed *
Land Use
MU-V
MU -MM
MU -DW
MU-CV/15th St.
Specific Use
See Part 7 for land use definitions.
---
(6)
20.48.090
(7)
Regulations
See Chapter 20.12 for unlisted uses.
MUP
20.48.090
P/MUP
P/MUP
---
Animal Sales and Services
Animal Grooming
Animal Retail Sales
Veterinary Services
Artists' Studios
Eating and Drinking Establishments
Accessory food service (open to
public)
Fast Food (no late hours) (4)(5)
Fast Food (with late hours) (4)
Food Service (no late hours) (4)(5)
Food Service (with late hours (4)
Take -Out Service, Limited (5)
Health/Fitness Facilities
P P P P
P P --- P
--- CUP CUP ---
P P P P
20.48.050
20.48.050
20.48.050
P
P
P
P
20.48.090
P/MUP
P/MUP
---
P/MUP
20.48.090
MUP
MUP
---
MUP
20.48.090
P/MUP
P/MUP
---
P/MUP
20.48.090
CUP
CUP
---
CUP
20.48.090
P/MUP
P/MUP
---
P/MUP
20.48.090
Small — 2,000 sq. ft. or less
Large — Over 2,000 sq. ft
P
P
MUP
P
MUP
CUP
CUP
---
CUP
P
Laboratories
---
---
P
---
P
MUP
Maintenance and Repair Services
P
P
---
P
MUP
Marine Services
Entertainment and Excursion Services
Marine Service Stations
Personal Services
Massage Establishments
Massage Services, Accessory
Nail Salons
Personal Services, General
Personal Services, Restricted
Studio
P P I --- P MC Title 17
CUP --- --- ---
MUP
MUP
MUP
MUP
MC 5.50
20.48.120
MUP
MUP
MUP
MUP
20.48.120
P
P
P
P
P
P
MUP
P
MUP
P
MUP
MUP
MUP
MUP
MUP
MUP
Newport Beach Zoning Code, Title 20 October 2010
Mixed -Use Zoning Districts
TABLE 2-8
ALLOWED USES AND PERMIT
REQUIREMENTS
Land Use
See Part 7 for land use definitions.
See Chapter 20.12 for unlisted uses.
20.22
Mixed -Use Zoning Districts
Permit Requirements
P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
--- Not allowed *
MU -V MU -MM MU -DW MU-CV/15`" St. Specific Use
(6) (7) Regulations
Postal Services
P
P
P
P
Office Only
Printing and Duplicating Services
P
P
P
P
P
Smoking Lounges
---
---
---
---
MUP
Visitor Accommodations
Hotels, Motels, and Time Shares
CUP
CUP --- CUP
CUP --- ---
Bed and Breakfast Inns
---
Office Only
Parking Facility
MUP MUP
MUP (2)
MUP (2)
P
Marinas
MC Title 17
Marina Support Facilities
MUP
MUP
---
MUP
Utilities, Minor
P
P
P
P
Limited
Utilities, Major
CUP
CUP
CUP
CUP
---
Wireless Telecommunication Facilities
Yehicle Rental, Sale, and Service Uses
Municipal Code Chapter 15.70
Vehicle/Equipment Rentals
Office Only
P
P
P
P
Limited (no outdoor storage)
---
MUP
---
---
Vehicle/Equipment Repair
Limited
---
MUP
---
---
Vehicle Sales
---
CUP
---
---
Vehicle Sales, Office Only
P
P
P
---
Vehicle/Equipment Services
Automobile Washing
---
CUP
---
Service Stations
---
CUP
---
---
20.48.210
Accessory Structures and Uses
MUP
MUP
MUP
MUP
Outdoor Storage and Display
MUP
MUP
MUP
MUP
20.48.140
Personal Property Sales
P
P
P
P
20.48.150
October 2010
Newport Beach Zoning Code, Title 20
20.22
TABLE 2-8
ALLOWED USES AND PERMIT
REQUIREMENTS
Mixed -Use Zoning Districts
Mixed -Use Zoning Districts
Permit Requirements
P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
--- Not allowed *
Land UsPart
MU -V
MU -MM
MU -DW
MU-CV/15th St.
7 for land use definitions.
SeeSee
(6)
(7)
Chapter 20.12 for unlisted uses.
Specific Use
Regulations
Special Events Municipal Code Chapter 11.03
Temporary Uses LTP LTP LTP LTP 20.52.040
Uses not listed. Land uses that are not listed in the table above, or are not shown in a particular
zoning district are not allowed, except as otherwise provided by Section 20.12.020 (Rules of
Interpretation).
(1) Allowed only as part of a mixed-use development. Refer to Section 20.48.130 (Mixed Use
Projects) for additional development standards.
(2) Not allowed to front onto Coast Highway. Coast Highway frontage shall be limited to
nonresidential uses. See Table 2-11 (Development Standards for Vertical and Horizontal Mixed
Use Zoning Districts).
(3) Not allowed on lots at street intersections unless part of a mixed-use or live -work structure.
(4) Late hours. Facilities with late hours shall mean facilities that offer service and are open to the
public after 11:00 p.m. any day of the week.
(5) Permitted or Minor Use Permit required.
a. A Minor Use Permit shall be required for any use located within 500 feet, property line to
property line, of any residential zoning district.
b. A Minor Use Permit shall be required for any use that maintains late hours.
(6) Properties fronting on Coast Highway shall be developed with nonresidential uses as allowed in
Table 2-9, above. Properties to the rear of the commercial frontage may be developed for free-
standing nonresidential uses, multi -unit residential dwelling units, or mixed-use structures that
integrate multi -unit residential above the ground floor with nonresidential uses on the ground
floor. See Table 2-10 (Development Standards for Vertical and Horizontal Mixed Use Zoning
Districts).
(7) Mixed-use or commercial structures are required on lots at street intersections and are allowed,
but not required, on other lots.
Newport Beach Zoning Code, Title 20 October 2010
Mixed -Use Zoning Districts 20.22
Mixed -Use Zoning Districts
TABLE 2-9 Permit Requirements
ALLOWED USES AND PERMIT P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
REQUIREMENTS MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
--- Not allowed *
Land Use
MU -W1
CUP
See Part 7 for land use definitions.
(5)(6)
MU -W2
Specific Use Regulations
See Chapter 20.12 for unlisted uses.
P
P
20.48.130
Handicraft Industry P P
Industry, Marine -Related P P
Research and Development P P
Assembly/Meeting Facilities
Small - 5,000 sq ft or less (Religious assembly
may be larger than 5,000 sq. ft.)
CUP
CUP
Commercial Recreation and Entertainment
CUP
CUP
Cultural Institutions
P
P
20.48.130
Parks and Recreational Facilities
CUP
CUP
Schools, Public and Private
Residential Uses
CUP
CUP
Single -Unit Dwellings
Located on 1 st floor
---
---
Located above 1St floor
P (1)
P (2)
20.48.130
Multi -Unit Dwellings
Located on 1St floor
---
---
Located above 1 St floor
P (1)
P (2)
20.48.130
Two -Unit Dwellings
Located on 1 St floor
---
---
Located above 1 st floor
P (1)
P (2)
Home Occupations
P
P (2)
20.48.110
Adult Day Care
Small (6 or fewer)
P
P
Child Day Care
Small (8 or fewer)
P
P
20.48.070
Day Care, General
---
MUP
20.48.070
October 2010 Newport Beach Zoning Code, Title 20
20.22
Mixed -Use Zoning Districts
Mixed -Use Zoning Districts
TABLE 2-9 Permit Requirements
ALLOWED USES AND PERMIT P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
REQUIREMENTS MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
-- Not allowed *
Land Use
MU -W1
20.48.090
Alcohol Sales (off -sale) MUP MUP
See Part 7 for land use definitions.
(5)(6)
MU -W2
Specific Use Regulations
See Chapter 20.12 for unlisted uses.
P/MUP
P/MUP
Retail Sales
Retail Trade Uses
P
20.48.090
Alcohol Sales (off -sale) MUP MUP
20.48.030
Alcohol Sales (off -sale), Accessory Only P P
MUP
Marine Rentals and Sales
Boat Rentals and Sales P P
Marine Retail Sales P P
20.48.090
P/MUP
P/MUP
Retail Sales
P
P
20.48.090
Visitor Serving Retail
P
P
P/MUP
Service Uses — Business, Financial, Medical, and
Professional
ATM's
P
P
Emergency Health Facilities/Urgent Care
---
P
Financial Institutions and Related Services (above
1 st floor only)
Offices - Business
P
P
P
P
Offices - Medical and Dental (above 1St floor only)
---
P
Offices - Profession
Service Uses - General
P
P
Animal Retail Sales
MUP
MUP
20.48.050
Artists' Studios
P
P
Eating and Drinking Establishments
Accessory food service (open to public)
Fast Food (no late hours) (3)(4)
Fast Food (with late hours) (3)
Food Service (no alcohol, no late hours) (3)(4)
Food Service (no late hours) (3)
Food Service (with late hours (3)
Take -Out Service - Limited (3) (4)
P
P
20.48.090
P/MUP
P/MUP
20.48.090
MUP
MUP
20.48.090
P/MUP
P/MUP
20.48.090
MUP
MUP
20.48.090
CUP
CUP
20.48.090
P/MUP
P/MUP
20.48.090
Newport Beach Zoning Code, Title 20 October 2010
Mixed -Use Zoning Districts
Mixed -Use Zoning Districts
TABLE 2-9 Permit Requirements
ALLOWED USES AND PERMIT P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
REQUIREMENTS MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
_ --- Not allowed *
20.22
Land Use
MU -W1
MC 5.50
20.48.120
CUP
See Part 7 for land use definitions.
(5)(6)
MU -W2
Specific Use Regulations
See Chapter 20.12 for unlisted uses.
CUP
P
P
Health/Fitness Facilities
Maintenance and Repair Services P P
Boat Storage
Boat Yards
Entertainment and Excursion Services
Marine Service Stations
Water Transportation Services
Personal Services
Massage Establishments
Massage Services, Accessory
Nail Salons
Personal Services, General
Personal Services, Restricted
Smoking Lounges
Visitor Accommodations
CUP
CUP
MC 5.50
20.48.120
CUP
CUP
P
P
P
CUP
CUP
P
P
MUP
MUP
MUP
MC 5.50
20.48.120
MUP
MUP
20.48.120
P
P
P
P
P
MUP
MUP
CUP
CUP
Hotels, Motels, Bed and Breakfast Inns, and
Time Shares
CUP
CUP
Transportation,
Parking Facilities
MUP
MUP
Communication Facilities
P
P
Heliports and Helistops (7)
CUP
CUP
Marinas
MC Title 17
MUP MUP
Marina Support Facilities
Utilities, Minor
P
CUP
P
Utilities, Major
CUP
Wireless Telecommunication Facilities
Municipal Code Chapter 15.70
October 2010 Newport Beach Zoning Code, Title 20
20.22
Mixed -Use Zoning Districts
Mixed -Use Zoning Districts
TABLE 2-9 Permit Requirements
ALLOWED USES AND PERMIT P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
REQUIREMENTS MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
kL -- Not allowed *
Land Use
Mu -W1
Accessory Structures and Uses
See Part 7 for land use definitions.
(5)(6)
MU -W2
Specific Use Regulations
See Chapter 20.12 for unlisted uses.
Personal Property Sales
P
P 20.48.150
Other
Accessory Structures and Uses
MUP
MUP
Outdoor Storage and Display
MUP
MUP 20.48.140
Personal Property Sales
P
P 20.48.150
Special Events
Municipal Code Chapter 11.03
Temporary Uses
LTP
LTP
20.52.040
Uses not listed. Land uses that are not listed in the table above, or are not shown in a particular
zoning district are not allowed, except as otherwise provided by Section 20.12.020 (Rules of
Interpretation).
(1) May only be located on lots with a minimum of 200 lineal feet of frontage on Coast Highway.
Refer to Section 20.48.130 (Mixed Use Projects) for additional development standards.
(2) May only be located above a commercial use and not a parking use. Refer to Section 20.48.130
(Mixed Use Projects) for additional development standards.
(3) Late hours. Facilities with late hours shall mean facilities that offer service and are open to the
public past 11:00 p.m. any day of the week.
(4) Permitted or Minor Use Permit required.
A Minor Use Permit shall be required for any use located within 500 feet, property line to
property line, of any residential zoning district.
A Minor Use Permit shall be required for any use that maintains late hours.
(5) Approval of a Minor Site Development Review, in compliance with Section 20.52.080, shall be
required prior to any development to ensure that the uses are fully integrated and that potential
impacts from their differing activities are fully mitigated.
(6) A minimum of 50 percent of the square footage of a mixed use development shall be used for
nonresidential uses.
(7) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed
heliport or helistop complies fully with State of California permit procedures and with any and all
conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land
Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics.
J&QR Newport Beach Zoning Code, Title 20 October 2010
Mixed -Use Zoning Districts
20.22
20.22.030 — Mixed -Use Zoning Districts General Development Standards
New land uses and structures, and alterations to existing land uses and structures, shall be
designed, constructed, and/or established in compliance with the requirements in Table 2-10, in
addition to the development standards in Part 3 (Site Planning and Development Standards).
TABLE 2-10
DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL
MIXED-USE ZONING DISTRICTS
Development MU -V MU -MM MU -DW MU-CV/15th Additional
Feature St. Regulations
Lot Dimensions
(1)(2)
Lot Area (2)
Lot Width (2)
Minimum dimensions required for each NEWLY CREATED lot.
2,500 sq. ft. I 10,000 sq. ft. I 40,000 sq. ft. I 5,000 sq. ft.
25 ft. 50 ft. 1 100 ft. 40 ft
Density Range
Minimum/maximum
allowable density
range for residential
uses.
Minimum:
1,631
Minimum:
1,631
Minimum:
1,631
Minimum:
1,631
Lot area required per
unit (sq. ft.) (3)
Maximum:
Maximum:
Maximum:
Maximum:
2,167
2,167
2,167
2,167
For property
beginning 100
ft. north of
Coast Hwy.
Floor Area Ratio
(FAR) (4)
Min. 0.35
Min. 0.25
Min. 0.25
Min. 0.25
Mixed use
Max. 0.50 for
Max. 0.50 for
Max. 0.50 for
Max. 0.50 for
development
nonresidential
nonresidential
nonresidential
nonresidential
Max. 1.0 for
Max. 1.0 for
Max. 1.0 for
Max. 1.0 for
residential.
residential.
residential.
residential.
Nonresidential only
0.75.
0.50
0.50
0.50
Residential only
N/A
N/A
N/A.
1.5
The distances below are minimum setbacks required for primary structures. See
Setbacks
Section 20.30. 110 (Setback Regulations and Exceptions) for setback
measurement, allowed projections into setbacks, and exceptions.
0
0
0
0
Front
October 2010 Newport Beach Zoning Code, Title 20
20.22
Mixed -Use Zoning Districts
TABLE 2-10
DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL
MIXED-USE ZONING DISTRICTS
Development
MU-CV/15th Additional
Feature
MU -V MU -MM MU -DW
St. Regulations
Side
0
0
0
0
Side Adjoining
a residential
5 ft.
5 ft.
5 ft.
5 ft.
district
Rear
0
0
0
0
Rear Adjoining
residential
5 ft.
5 ft.
5 ft.
5 ft.
district
Rear Adjoining
10 ft.
5 ft.
0
10 ft.
an alley
Bulkhead
10 ft.
N/A
setback
Open Space
Common open Minimum 75 square feet/dwelling unit.
space. (The minimum dimension (length and width) shall be 15 feet)
Private open 5% of the gross floor area for each unit.
space. (The minimum dimension (length and width) shall be 6 feet)
Separation Distance
Height
MU -V,
MU -MM, and MU-
CV/15th St.
Minimum distance between detached residential structures on same lot.
10 ft. 10 ft. 1 10 ft. 10 ft.
Maximum allowable height of structures without discretionary approval. See
Section 20.30.060 (Height Limits and Exceptions) for height measurement
requirements. See Section 20.30.060.6 (Increase in Height Limit) for possible
increase in height limit.
26 ft. with flat roof, less than 3/12 roof pitch
31 ft. with sloped roof, 3/12 roof pitch or greater
Newport Beach Zoning Code, Title 20 October 2010
Mixed -Use Zoning Districts
TABLE 2-10
DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL
MIXED-USE ZONING DISTRICTS
20.22
Development
MU -V MU -MM MU -DW MU-CV/15th Additional
Feature
St. Regulations
MU -DW
32 ft. with flat roof, less than 3/12 roof pitch
37 ft. with sloped roof, 3/12 roof pitch or greater
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor
storage/display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking
See Chapter 20.40 (Off -Street Parking).
Satellite Antennae
See Section 20.48.190 (Satellite Antennae and Amateur Radio Facilities).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Municipal Code
Title 19 (Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development
purposes only and are not intended to establish minimum dimensions for the creation of
ownership or leasehold (e.g., condominium) purposes.
(3) For the purpose of determining the allowable number of units, portions of legal lots that are
submerged lands or tidelands are included in land area of the lot.
(4) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of
the lot for the purpose of calculating the allowable floor area of structures,
October 2010 Newport Beach Zoning Code, Title 20
20.22
Mixed -Use Zoning Districts
TABLE 2-11
DEVELOPMENT STANDARDS FOR WATERFRONT MIXED-USE ZONING DISTRICTS
Development Feature MU -W1 (3) MU -W2 Additional
Requirements
Lot Dimensions (1)(2)
Lot Area
Mixed use
structures
Non -mixed use
structures
Lot Width
Mixed use
structures
Non -mixed use
structures
Density (4)
Lot area required per unit
Floor Area Ratio (FAR) (5)
Mixed use development
Minimum dimensions required for each NEWLY CREATED lot.
20,000 sq. ft. 2,500 sq. ft.
10,000 sq. ft. 2,500 sq. ft.
200 ft. 25 ft.
50 ft. 25 ft.
Minimum/maximum allowable density range for residential uses.
Minimum: 7,260 sq. ft Minimum: 1,631
per unit Maximum: 2,167
Min. 0.35 and
Min. 0.35 and
Max. 0.5 for
Max. 0.5 for
nonresidential uses.
nonresidential.
Max. 0.5 for
Max. 0.75 for
residential uses. (3)
residential uses.
Lido Marina Village
Max. 1.0 for mixed
use projects
Min. 0.35
Max. 0.7 for
nonresidential and 0.8
residential.
Nonresidential only 0.5 Commercial only 0.5 Commercial only
(3)
The distances below are minimum setbacks required for primary
Setbacks structures. See Section 20.30. 110 (Setback Regulations and
Exceptions) for setback measurement, allowed projections into
setbacks, and exce tions.
Front 0 0
Side 0 0
Newport Beach Zoning Code, Title 20 October 2010
Mixed -Use Zoning Districts
20.22
TABLE 2-11
DEVELOPMENT STANDARDS FOR WATERFRONT MIXED-USE ZONING DISTRICTS
Development Feature MU -W1 (3) MU -W2 Additional
Requirements
Side Adjoining a
5 ft.
5 ft.
residential district
Bulkhead setback
10 ft.
Rear
0
0
Rear Residential portion
N/A
5 ft.
of mixed use
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Rear Nonresidential
See Chapter 20.36 (Landscaping Standards).
Lighting
adjoining a residential
N/A
5 ft.
district.
See Chapter 20.40 (Off -Street Parking).
Satellite Antennae
Rear Adjoining an alley
N/A
10 ft.
See Section 20.30.060 (Height Limits and Exceptions) for height
Bulkhead setback
10 ft.
10 ft.
Height Limit) for possible increase in height limit.
Open Space
Common open space Minimum 75 square feet/dwelling unit.
(The minimum dimension (length and width) shall be 15 feet)
Private open space
Separation Distance
5% of the gross floor area for each dwelling unit.
(The minimum dimension (length and width) shall be 6 feet
Minimum distance between detached structures on same lot.
10 ft.
10 ft.
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Municipal Code
Title 19 (Subdivisions).
October 2010 Newport Beach Zoning Code, Title 20
Maximum allowable height of structures without discretionary approval.
See Section 20.30.060 (Height Limits and Exceptions) for height
measurement requirements. See Section 20.30.060.8 (Increase in
Height
Height Limit) for possible increase in height limit.
26 ft. with flat roof, less than 3/12 roof pitch
31 ft. with sloped roof, 3/12 roof pitch or greater
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor storage/display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking
See Chapter 20.40 (Off -Street Parking).
Satellite Antennae
See Section 20.48.190 (Satellite Antennae and Amateur Radio
Facilities).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Municipal Code
Title 19 (Subdivisions).
October 2010 Newport Beach Zoning Code, Title 20
20.22
Mixed -Use Zoning Districts
(2) The standards for minimum lot area and lot width are intended to regulate sites for development
purposes only and are not intended to establish minimum dimensions for the creation of
ownership or leasehold (e.g. condominium) purposes.
(3) A minimum of 50 percent of the square footage in a mixed use development shall be used for
nonresidential uses.
(4) For the purpose of determining the allowable number of units, portions of legal lots that are
submerged lands or tidelands shall be included in land area of the site.
(5) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of
the lot for the purpose of calculating the allowable floor area of structures,
Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.24 — Industrial Zoning District [IG]
20.24.010 – Purposes of Industrial Zoning District
20.24.020 – Industrial Zoning District Land Uses and Permit Requirements
20.24.030 – Industrial Zoning Districts General Development Standards
20.24.010 – Purposes of Industrial Zoning District
The IG zoning district is intended to provide for areas appropriate for a wide range of moderate
to low intensity industrial uses (e.g., light manufacturing and research and development) and
limited accessory commercial and office uses.
20.24.020 – Industrial Zoning District Land Uses and Permit Requirements
A. Allowed land uses. Table 2-13 indicates the uses allowed within each zoning district
and the permit required to establish each use, in compliance with Part 5 (Land Use and
Development Permit Procedures).
B. Prohibited land uses. Any table cell with "—" means that the listed land use is
prohibited in that specific zoning district.
C. Applicable Regulations. The last column in the tables ("Specific Use Regulations")
may include a reference to additional regulations that apply to the use.
October 2010 Newport Beach Zoning Code, Title 20
20.24 Industrial Zoning District
Industrial Zoning District
TABLE 2-12I Permit Requirements
ALLOWED USES AND PERMIT P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
REQUIREMENTS MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
-- Not allowed *
Land Use
See Part 7 for land use definitions.
See Chapter 20.12 for unlisted uses.
IG I Specific Use Regulations
Handicraft Industry P
Industry
Small - 10,000 sq. ft. or less
P
Large - Over 10,000 sq. ft.
MUP
MUP
Personal Storage (Mini Storage)
MUP
P
Research and Development, General
P
P
Research and Development, Restricted
MUP
MUP
Warehousing
Small - 10,000 sq. ft. or less P
Large - Over 10,000 sq ft MUP
Wholesaling P
Assembly/Meeting Facilities CUP
Alcohol Sales (off -sale)
MUP
20.48.030
Alcohol Sales (off -sale), Accessory Only
P
Building Materials and Services
P
Contractor's Storage Yards
MUP
Marine Rentals and Sales
Boat Rentals and Sales
NAarinP Retail RAP -
Offices - Business and Professional
AmhwancP tiPrvirP_
Animal Sales and Services
Newport Beach Zoning Code, Title 20
October 2010
Industrial Zoning District
TABLE 2-12
ALLOWED USES AND PERMIT
REQUIREMENTS
Land Use
See Part 7 for land use definitions.
See Chapter 20.12 for unlisted uses.
20.24
Industrial Zoning District
Permit Requirements
P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
--- Not allowed
IG Specific Use Regulations
Animal Boarding/Kennels
MUP
20.48.050
Animal Grooming
P
20.48.050
Animal Hospitals/Clinics
MUP
20.48.050
Animal Retail Sales
P
20.48.050
Catering Services
P
Boat Storage
Eating and Drinking Establishments
Take -Out Service - Limited P 20.48.090
Funeral Homes and Mortuaries CUP
Health/Fitness Facilities
CUP
Small - 2,000 sq. ft. or less
P
Large - Over 2,000 sq. ft.
MUP
Laboratories
P
Heliports and Helistops (1)
Maintenance and Repair Services
P
Parking Facilities
Marine Services
Boat Storage
MUP
Rnnt Vnrrtc
KAI IP
Personal Services
Studios P
Postal Services P
Printing and Duplicating Services P
Recycling Facilities
Collection Facility - Large
Collection Facility - Small
Transportation,
CUP
20.48.160
MUP
20.48.160
Communication Facilities
P
Heliports and Helistops (1)
CUP
Parking Facilities
P
Utilities, Minor
P
Utilities, Major
CUP
Wireless Telecommunication Facilities
Municipal Code Chapter 15.70
October 2010 Newport Beach Zoning Code, Title 20
20.24
TABLE 2-12
ALLOWED USES AND PERMIT
REQUIREMENTS
Land Use
See Part 7 for land use definitions.
See Chapter 20.12 for unlisted uses.
Vehicle/Equipment Rentals
Industrial Zoning District
Industrial Zoning District
Permit Requirements
P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
--- Not allowed *
IG I Specific Use Regulations
Office Only
P
Limited
P
MUP
Vehicles for hire
CUP
Vehicle/Equipment Rentals and Sales
MUP
Vehicle/Equipment Repair
General
Limited
Vehicle/Equipment Services
Automobile Washing/Detailing
Service Stations
Vehicle Storage
MUP
CUP
20.48.210
MUP
�Other Uses
Accessory Structures and Uses
P
Caretaker Residence
P
Drive -Through Facilities
CUP
20.48.080
Outdoor storage and display
MUP
20.48.140
Special Events
Municipal Code Chapter 11.03
Temporary Uses
LTP
20.52.040
Uses not listed. Land uses that are not listed in the table above, or are not shown in a
particular zoning district are not allowed, except as otherwise provided by Section 20.12.020
(Rules of Interpretation).
(1) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed
heliport or helistop complies fully with State of California permit procedures and with any and all
conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land
Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics.
i E Newport Beach Zoning Code, Title 20 October 2010
Industrial Zoning District
20.24.030 — Industrial Zoning Districts General Development Standards
20.24
New land uses and structures, and alterations to existing land uses and structures, shall be
designed, constructed, and/or established in compliance with the requirements in Table 2-13, in
addition to the development standards in Part 3 (Site Planning and Development Standards).
TABLE 2-13
DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DISTRICT
Development Feature IG Additional
Requirements
Lot Dimensions
Minimum dimensions required for each NEWLY CREATED lot.
10,000 sq. ft.
Lot Area
Lot Width
0
The distances below are minimum setbacks required
for primary
Setbacks
structures. See Section 20.30. 110 (Setback Regulations
for setback measurement, allowed projections into
and Exceptions)
setbacks, and
exceptions.
Front
15 ft.
0
Side (Interior)
Adjoining a nonindustrial
10 ft.
zoning district
Side (Street side)
15 ft.
0
Rear
Adjoining a nonindustrial
10 ft.
zoning district
Floor Area Ratio
0.75, or specified on the Official Zoning Map
Maximum allowable height of structures without discretionary approval.
See Section 20.30.060 (Height Limits and Exceptions) for height
Height
measurement requirements. See Section 20.30.060.6 (Increase in
Height Limit) for possible increase in height limit.
32 ft. with flat roof, less than 3/12 roof pitch
37 ft. with sloped roof, 3/12 roof pitch or greater
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
October 2010 Newport Beach Zoning Code, Title 20
20.24
Industrial Zoning District
TABLE 2-13
DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DISTRICT
Development Feature IG Additional
Requirements
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor storage/display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking
See Chapter 20.40 (Off -Street Parking).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Municipal Code
Title 19 (Subdivisions).
Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.26 — Special Purpose Zoning Districts [OS, PC, PF, PI, and
PR]
20.26.010 — Purposes of Special Purpose Zoning Districts
20.26.020 — Special Purpose Zoning Districts Land Uses and Permit Requirements
20.26.030 — Special Purpose Zoning Districts General Development Standards
20.26.010 — Purposes of Special Purpose Zoning Districts
The purposes of the individual special purpose zoning districts and the manner in which they
are applied are as follows:
A. OS (Open Space) Zoning District. The OS zoning district is intended to:
Provide areas to maintain and protect the community's natural open space
resources; and
2. Maintain and protect landscaped open space areas located within residential and
nonresidential developments, where no further development is allowed.
B. PC (Planned Community) Zoning District. The PC zoning district is intended to
provide for areas appropriate for the development of coordinated, comprehensive
projects that result in a superior environment; to allow diversification of land uses as they
relate to each other in a physical and environmental arrangement while maintaining the
spirit and intent of this Zoning Code; and to include a variety of land uses, consistent
with the General Plan, through the adoption of a development plan and related text that
provides land use relationships and associated development standards.
C. PF (Public Facilities) Zoning District. The PF zoning district is intended to provide for
areas appropriate for public facilities, including community centers, cultural institutions,
government facilities, libraries, public hospitals, public utilities, and public schools.
D. PI (Private Institutions) Zoning District. The PI zoning district is intended to provide
for areas appropriate for privately owned facilities that serve the public, including places
for assembly/meeting facilities (e.g., religious assembly), congregate care homes,
cultural institutions, health care facilities, marinas, museums, private schools, yacht
clubs, and comparable facilities.
E. PR (Parks and Recreation) Zoning District. The PR zoning district is intended to
provide for areas appropriate for land used or proposed for active public or private
recreational use. Allowed uses include aquatic facilities, golf courses, marina support
facilities, parks (both active and passive), private recreational facilities, tennis clubs and
courts, and similar recreational facilities.
October 2010 Newport Beach Zoning Code, Title 20
20.26 Special Purpose Zoning Districts
20.26.020 – Special Purpose Zoning Districts Land Uses and Permit Requirements
A. Allowed land uses. Table 2-14 indicates the uses allowed within each zoning district
and the permit required to establish each use, in compliance with Part 5 (Land Use and
Development Permit Procedures).
B. Prohibited land uses. Any table cell with "—" means that the listed land use is
prohibited in that specific zoning district.
C. Applicable Regulations. The last column in the tables ("Specific Use Regulations")
may include a reference to additional regulations that apply to the use.
Newport Beach Zoning Code, Title 20 October 2010
Special Purpose Zoning Districts
TABLE 2-14
ALLOWED USES AND PERM
REQUIREMENTS
Land Use
See Part 7 for land use definitions.
See Chapter 20.12 for unlisted uses.
Special Purpose Zoning Districts
Permit Requirements
P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
--- Not allowed "
IRecreation, Education, an Assembly
20.26
OS PF PI PR Specific Use
Regulations
Assembly/Meeting Facilities --- MUP
MUP
MUP
MUP
Commercial Recreation and Entertainment --- ---
Cultural Institutions --- MUP
MUP
MUP
CUP
MUP
MUP
Parks and Recreational Facilities
Active
---
MUP
MUP
MUP
20.48.090
Passive
MUP
MUP
MUP
MUP
20.48.100
Marine and Wildlife Preserves
MUP
---
--- ---
MUP ---
MUP ---
MUP
Schools, Public and Private
Care Uses
---
MUP
Congregate Care Home
---
---
Convalescent Facilities
---
---
MUP
---
Day Care, General
---
MUP
MUP
---
20.48.070
Emergency Health Facility/Urgent Care
---
---
MUP
---
Hospital
---
---
MUP
---
Residential Care, Accessory Use Only --- MUP MUP ---
Retail Trade Uses _91F__
Alcohol Sales (on -sale), Accessory Only --- --- MUP CUP
Eating and Drinking Establishments
Accessory (open to public)
---
---
MUP
MUP
20.48.090
Emergency Shelters
---
---
P
---
20.48.100
Governmental Facilities
---
MUP
---
MUP
Marine Services - Boat Storage and Boat
Yard, accessory only
---
MUP
MUP
MUP
Transportation,
Parking Facilities, Accessory Only
---
MUP
MUP
MUP
Heliports and Helistops (1)
---
MUP
---
---
Marinas
MC Title 17
October 2010 Newport Beach Zoning Code, Title 20
20.26
Special Purpose Zoning Districts
Special Purpose Zoning Districts
TABLE 2-14 Permit Requirements
ALLOWED USES AND PERMIT P Permitted By -Right
CUP Conditional Use Permit (20.66.090)
REQUIREMENTS MUP Minor Use Permit (20.66.090)
LTP Limited Term Permit (20.66.080)
--- Not allowed *
Land Use
---
MUP
MUP
P
MUP
P
Specific Use
See Part 7 for land use definitions.
Os
PF
Pi
PR
Regulations
See Chapter 20.12 for unlisted uses.
CUP
Wireless Telecommunication Facilities
•
Municipal Code Chapter 15.70
Marina Support Facilities
---
MUP
MUP
P
MUP
P
Utilities, Minor
P
P
Utilities, Major
CUP
CUP
CUP
CUP
Wireless Telecommunication Facilities
•
Municipal Code Chapter 15.70
Accessory Structures and Uses
MUP MUP MUP MUP
Special Events
Municipal Code Chapter 11.03
Temporary Uses
LTP
LTP
LTP
I LTP
20.52.040
Uses not listed. Land uses that are not listed in the table above, or are not shown in a particular
zoning district are not allowed, except as otherwise provided by Section 20.12.020 (Rules of
Interpretation).
(1) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed
heliport or helistop complies fully with State of California permit procedures and with any and all
conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land
Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics.
20.26.030 — Special Purpose Zoning Districts General Development Standards
A. PI Zoning District. New land uses and structures, and alterations to existing land uses
and structures, shall be designed, constructed, and/or established in compliance with the
requirements in Table 2-15, in addition to the development standards in Part 3 (Site
Planning and Development Standards).
B. Other Zoning Districts. Except for the PI zoning district, the development standards for
all other special purpose zoning districts shall be established during review of the
required permit (e.g., Conditional Use Permit, or Minor Use Permit).
Newport Beach Zoning Code, Title 20 October 2010
Special Purpose Zoning Districts
TABLE 2-15
DEVELOPMENT STANDARDS FOR PUBLIC INSTITUTIONAL ZONING DISTRICT
20.26
Development Feature pl Additional
Requirements
Lot Area
N/A
Minimum setbacks shall be established by the applicable use permit.
Setbacks
See Section 20.30.110 (Setback Regulations and Exceptions) for
setback measurement, allowed projections into setbacks, and
exceptions.
Floor Area Ratio
As specified on the Zoning Map
See Section 20.30.060 (Height Limits and Exceptions) for height
Height
measurement requirements. See Section 20.30.060.6 (Increase in
Height Limit) for possible increase in height limit.
Within Shoreline Height
26 ft. with flat roof; less than 3/12 pitch
Limit Zone
31 ft. with sloped roof; 3/12 or greater pitch
Not within Shoreline Height
32 ft. with flat roof; less than 3/12 pitch
Limit Zone
37 ft. with sloped roof; 3/12 or greater pitch
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor storage/display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking
See Chapter 20.40 (Off -Street Parking).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Municipal Code
Title 19 (Subdivisions)
October 2010 Newport Beach Zoning Code, Title 20
20.26
Special Purpose Zoning Districts
— This page intentionally left blank —
Newport Beach Zoning Code, Title 20
October 2010
Chapter 20.28 — Overlay Zoning Districts [MHP, PM, B, and C]
20.28.010 — Purposes of Overlay Zoning Districts
20.28.020 — Mobile Home Park (MHP) Overlay Zoning District
20.28.030 — Parking Management (PM) Overlay District
20.28.040 — Bluff (B) Overlay District
20.28.050 — Reserved
20.28.010 — Purposes of Overlay Zoning Districts
The purposes of the individual overlay zoning districts and the manner in which they are applied
are outlined below. An overlay district may be initiated as a Zoning Map amendment in
compliance with Chapter 20.66 (Amendments). All development shall comply with the applicable
development standards (e.g. setbacks, height) of the underlying zoning district in addition to the
standards provided in this Chapter, if any. In situations where an inconsistency occurs between
the development standards of the underlying zoning district and the standards in this Chapter
the most restrictive standard shall prevail.
A. MHP (Mobile Home Park) Overlay Zoning District. The MHP overlay zoning district is
intended to establish a mobile home district on parcels of land developed with mobile
home parks. The regulations of this district are designed to maintain and protect mobile
home parks in a stable environment with a desirable residential character.
B. PM (Parking Management) Overlay Zoning District. The PM overlay zoning district is
intended to provide for areas where parking management plans are appropriate to
ensure adequate parking.
C. Bluff (B) Overlay Zoning District. The B overlay district is intended to establish special
development standards for areas of the City where projects are proposed on identified
bluff areas. The specific areas are identified in Part 8 (Maps).
20.28.020 — Mobile Home Park (MHP) Overlay Zoning District
A. Uses allowed. Uses allowed in the MHP Overlay Zoning District include only those
uses listed below. When an MHP Overlay Zoning District is applied to an area, all uses
previously allowed in the underlying zoning district are no longer allowed.
1. Mobile home parks. Mobile home parks as regulated by the State of California.
2. Accessory structures and uses. Accessory structures and uses incidental to
the operation of mobile home parks (e.g., recreation facilities and/or community
centers of a non-commercial nature, either public or private, storage facilities for
the use of the mobile home park residents, and any other structures or uses that
are incidental to the operation of a mobile home park).
October 2010 Newport Beach Zoning Code, Title 20
20.28 Overlay Zoning Districts
B. Removal of the Mobile Home Park Overlay District. The Council shall not approve a
Zoning Map amendment that would remove the MHP designation from a property,
unless all of the following findings have first been made:
The proposed zoning is consistent with the General Plan, and in the event the
proposed zoning is Planned Community, the PC development plan has been
submitted and is consistent with the General Plan;
2. The property which is the subject of the Zoning Map amendment would be more
appropriately developed in compliance with the uses allowed by the underlying
base zoning, or proposed zoning, and if the underlying base zoning or proposed
zoning is Planned Community, that a PC development plan has been submitted
and the property would be more appropriately developed with the uses specified
in that development plan; and
3. A mobile home park phase out plan and report on the impact of conversion,
closure, or cessation of the use on the displaced residents of the mobile home
park has been prepared, reviewed, and found to be acceptable and consistent
with the provisions of the California Government Code.
a. A phase out plan shall not be found to be acceptable unless it includes all
of the following:
(1) A time schedule and method by which existing mobile homes,
cabanas, ramadas, and other substantial improvements and
tenants are to be relocated or appropriately compensated;
(2) Methods of mitigating the housing impacts on tenants having low
and moderate incomes, elderly tenants, and tenants who are
handicapped; and
(3) The programs or other means that are to be implemented properly
address the housing impacts on those described in Subparagraph
(2), above, are mitigated.
For purposes of this finding, "low and moderate incomes" shall be defined
in compliance with the provisions of the City's Housing Element.
20.28.030 — Parking Management (PM) Overlay District
A. Parking management district plan required. Before approving an amendment
reclassifying land to a PM Overlay District, the Commission and Council shall approve a
parking management district plan.
B. Establishment of parking management program(s). The parking management
district plan shall identify existing and planned parking facilities and establish parking
management programs necessary to adequately serve the parking needs of the area.
C. Exemptions. The parking management district plan shall also include a formula or
procedure establishing the extent to which properties shall be exempted from the
requirements of Chapter 20.40 (Off -Street Parking).
J&16.11 Newport Beach Zoning Code, Title 20 October 2010
Overlay Zoning Districts 20.28
20.28.040 — Bluff (B) Overlay District
A. Applicability. This Section applies to lots located in the Bluff (B) Overlay District as
indicated on the Zoning Map. All development shall comply with the applicable
development standards (e.g. setbacks, height) of the underlying zoning district in
addition to the standards provided in this Section. In situations where an inconsistency
occurs between the development standards of the underlying zoning district and the
standards in this Section the most restrictive standard shall prevail.
B. Uses allowed. Land uses allowed in the B overlay district are all those uses allowed in
the underlying zoning district.
C. Development area defined. For the purpose of this Section the development area of a
lot is an area delineated for the purpose of regulating the placement and location of
structures. Each lot within the B overlay district shall be divided into two or more
development areas. Development areas are delineated on the Development Area Maps
in Part 8 and are consistent with the development areas listed in Subsection D, below.
The setbacks provided in Tables 2-2 and 2-3 in Section 20.18.030 (Residential Zoning
Districts Development Standards) are not used to determine development areas, but are
only used to determine the maximum floor area limit for the lot, if applicable.
1. Development Area A - Principal and accessory structures. Area A allows for
the development and use of principal and accessory structures. Accessory
structures allowed in Areas B and C are allowed in Area A.
2. Development Area B - Accessory structures. Area B allows for the
development and use of accessory structures listed below. Principal structures
are not allowed.
a. Allowed accessory structures. The following accessory structures are
allowed in Area B:
(1) accessory structures allowed in Area C are allowed within Area B.
(2) barbeques
(3) decks
(4) detached or attached patio covers (solid or lattice)
(5) fences, walls, and retaining walls in compliance with Section
20.30.040 (Fences, Hedges, Walls, and Retaining Walls)
(6)
fireplaces and fire pits
(7)
gazebos
(8)
outdoor play equipment
(9)
patios
(10)
platforms
(11)
porches
(12)
spas and hot tubs
(13)
swimming pools
(14)
terraces
(15)
similar structures
October 2010 Newport Beach Zoning Code, Title 20
20.28
Overlay Zoning Districts
b. Development standards for accessory structures. The following
development standards apply to Area B:
(1) Covered accessory structures (e.g., trellis, gazebos, patio covers)
shall not exceed 12 feet in height from existing grade or finished
grade or exceed 400 square feet in cumulative total area.
(2) Retaining walls shall comply with Section 20.30.040 (Fences,
Hedges, Walls, and Retaining Walls).
3. Development Area C — Limited accessory structures. Area C allows for the
development and use of limited accessory structures. The following accessory
structures are allowed in Area C:
a. benches
b. drainage devices
C. guardrails and handrails required by building code
d. landscaping/irrigation systems
e. on -grade trails
f. on -grade stairways
g. property line fences and walls, not including retaining walls
h. underground utilities
similar structures.
D. Location of development areas. The development areas are listed below and depicted
in the referenced map exhibits located in Part 8. The placement of structures and
grading is limited by development areas as defined in this Section and in Subsection C,
above. The development areas for each parcel are polygons established by the property
lines and the following development lines. (See Part 8, Map Exhibits 1-8) All contour
lines refer to NAVD88 contours.
1. Map 1 - Kings Place
a. Kings Place (104-112 and 204-224)
(1) Development Area A. Between the front property line adjacent to
Kings Place and the development line established at an elevation
that is 16 feet below the average elevation of the top of the curb
adjacent to the lot.
(2) Development Area C. All portions of the lot not located in Area A.
b. Kings Place (116-200)
(1) Development Area A. As indicated by the specified distance (in
feet) from the front property line on the development area map.
(2) Development Area B. All portions of the lot not located in Area A
or C.
Newport Beach Zoning Code, Title 20 October 2010
Overlay Zoning Districts
20.28
(3) Development Area C. Between the down slope boundary of Area
A and a development line established at the 26 -foot contour line*.
(4) Additional development standards. Sport courts are allowed in
Area B. Enclosed accessory structures that do not exceed 12 feet
in height from existing or finished grade and do not exceed 400
square feet (cumulative) in area shall be allowed in Area B.
2. Map 2 - Irvine Terrace
a. Dolphin Terrace
(1) Development Area A. Between the front property line adjacent to
Dolphin Terrace and a 10 -foot setback from the top of the existing
bluff.
(2) Development Area B. Between the 10 -foot setback from the top of
the existing bluff and a line established at an elevation that is 13
feet below the average elevation of the top of the curb adjacent to
the lot.
(3) Development Area C. All portions of the lot not located in Areas A
and B.
3. Map 3 - Irvine Terrace
a. Bayadere Terrace (1607)
(1) Development Area A. The extent of the existing principal structure.
(2) Development Area B. Between the extent of the existing
development and a development line established at an elevation
that is 13 feet below the average elevation of the top of the curb
adjacent to the lot.
(3) Development Area C. All portions of the lot not located in Areas A
and B.
b. Bayadere Terrace (1615-1638)
(1) Development Area A. Between the front property line adjacent to
Bayadere Terrace and the 48 -foot contour line*.
(2) Development Area B. Between the 48 -foot contour line* and a
development line established at an elevation that is 13 feet below
the average elevation of the top of the curb adjacent to the lot.
(3) Development Area C. All portions of the lot not located in Areas A
and B.
October 2010 Newport Beach Zoning Code, Title 20
20.28
Overlay Zoning Districts
C. Bayadere Terrace (1701-2201)
(1) Development Area A. Between the front property line adjacent to
Bayadere Terrace and the 50 -foot contour line*.
(2) Development Area B. Between the 50 -foot contour line and a
development line established at an elevation that is 13 feet below
the average elevation of the top of the curb adjacent to the lot.
(3) Development Area C. All portions of the lot not located in Areas A
and B.
4. Map 4 - Avocado Avenue/Pacific Drive
a. Avocado Avenue
(1) Development Area A. Above the 68 -foot contour line for 415
Avocado Avenue, above the 50 -foot contour line for 411 Avocado
Avenue and the prolongation of such contour line along the
shortest segment to the 50 -foot contour line* for 401 Avocado
Avenue.
(2) Development Area C. Below the 68 -foot contour line at 415
Avocado Avenue, 50 -foot contour line at 411 Avocado Avenue,
and below the 35 -foot contour line* along 401 Avocado Avenue.
b. Pacific Drive (2235-2329)
(1) Development Area A. Between the front property line adjacent to
Pacific Drive and the 53 -foot contour line.*
(2) Development Area C. All portions of the lot not located in Area A.
5. Map 5 - Carnation Avenue
a. Carnation Avenue (201-233)
(1) Development Area A. Between the front property line adjacent to
Carnation Avenue and the 50.7 -foot contour line.*
(2) Development Area C. All portions of the lot not located in Area A.
b. Carnation Avenue (239-317)
(1) Development Area A. As indicated by the specified distance (in
feet) from the front property line adjacent to Carnation Avenue on
the development area map.
(2) Development Area B. Between the Area A development line and
the 70 -foot contour line.*
Newport Beach Zoning Code, Title 20 October 2010
Overlay Zoning Districts
20.28
(3) Development Area C. All portions of the lot not located in Area A
or B.
(4) Additional Development standards. If Area A overlaps Area B, the
area of overlap shall be regulated as Area A.
6. Map 6 - Ocean Boulevard/Breakers Drive
a. Breakers Drive (3100-3200):
(1) Development Area A. Between the 52 -foot contour line* and the
property line adjacent to Breakers Drive.
(2) Development Area B. Between the 48 -foot contour line* and the
33 -foot contour line*.
(3) Development Area C. All portions of the lot not located in Area A
or B.
(4) Additional development standards. Structure height may not
exceed the 52 -foot contour line.* No fences or wall allowed in
Area C.
b. Ocean Boulevard (3207-3309)
(1) Development Area A. Between the 48 -foot contour line* and the
property line adjacent to Ocean Boulevard and between the 33 -
foot contour line* and the property line adjacent to Breakers Drive.
(2) Development Area C. Between the 33 -foot and 48 -foot contour
lines.*
(3) Additional development standards. Covered walkways connecting
a conforming garage and principal structure are allowed in Area C.
C. Ocean Boulevard (3317-3431)
(1) Development Area A. Between the 48 -foot contour line* and the
property line adjacent to Ocean Boulevard.
(2) Development Area B. Between the 48 -foot contour line and the
38 -foot contour line.*
(3) Development Area C. All portions of the lot not located in Area A
or B.
(4) Additional Development standards. No fences or walls in Area C.
d. Ocean Boulevard (3601-3729)
October 2010 Newport Beach Zoning Code, Title 20
20.28
Overlay Zoning Districts
(1) Development Area A. Between the property line adjacent to
Ocean Boulevard and the seaward extent of the existing
development area.
(2) Development Area C. All portions of the lot not located in Area A.
(3) Additional Development standards. New development shall not
extend further onto the bluff face beyond existing development.
7. Map 7 - Shorecliffs
a. Shorecliff Road
(1) Development Area A. As indicated by the specified distance (in
feet) from the front property line on the development area map.
(2) Development Area B. Between the seaward boundary of Area A
and a line established by a 10 -foot setback from the bluff edge
(Not all lots have an Area B).
(3) Development Area C. All portions of the lot not located in Area A
or B.
(4) Additional Development standards. If Area A overlaps Area B, the
area of overlap shall be regulated as Area A. No fences or walls
shall be allowed in Area C.
8. Map 8 - Cameo Shores
a. Brighton Road
(1) Development Area A. As indicated by the specified distance (in
feet) from the front property line on the development area map.
(2) Development Area B. Between the seaward boundary of Area A
and a line established by a 10 -foot setback from the bluff edge
(Not all lots may have an Area B).
(3) Development Area C. All portions of the lot not located in Area A
or B.
(4) Additional Development standards. If Area A overlaps Area B, the
area of overlap shall be regulated as Area A. No fences or walls
shall be allowed in Area C.
*all contour lines refer to NAVD88 contours
E. Basements. Basements are allowed in Area A and may be constructed at an elevation
(NAVD88) below any specified contour elevation. Basements shall not daylight on the
bluff or slope face beyond Area A.
.. Newport Beach Zoning Code, Title 20 October 2010
Overlay Zoning Districts
20.28
F. Grading — all development areas. Grading is limited to the minimum necessary for the
construction and placement of allowed structures.
G. Encroachments.
1. Above grade encroachments. Balconies, bay windows, eaves, architectural
features, and shading devices attached to principal or accessory structures may
encroach from Area A into Area B without limitation provided they do not require
ground support. Balconies, bay windows, eves, architectural features, and
shading devices attached to principal or accessory structures may encroach from
Area A or Area B into Area C provided they do not require ground support and
encroach no farther than 5 feet into Area C and comply with any required
minimum setbacks.
2. Subterranean structural encroachments. Foundations, basement walls,
structural supports, and shoring for principal structures may encroach a
maximum of 24 inches into an adjacent development area (B or C).
H. Non -conforming structures. Principal and accessory structures that do not conform to
the development standards of this Chapter shall comply with Section 20.38.040
(Nonconforming Structures) of this zoning code.
Adjustment of development area boundary.
1. Reduced development area(s). A bluff development area shall be reduced
whenever necessary to:
a. Ensure safety and stability against slope failure (i.e., landsliding) for the
economic life of a development. At a minimum, the development area
shall be adjusted to ensure a slope stability factor greater than or equal to
1.5 at the end of the economic life of the development for the static
condition of the bluff or a factor of safety greater than or equal to 1.1 for
the seismic condition of the bluff, whichever is further landward; and
b. Ensure that the principal structures are safe from hazards due to
erosional factors for the economic life of the building.
2. Increased development area(s). A development area's boundaries may be
adjusted through the approval of a Site Development Review in compliance with
Section 20.52.080 (Site Development Review) to allow structures and grading
not otherwise allowed. In addition to the Site Development Review findings, all of
the following findings shall also be made:
a. The increased bluff development area will ensure a slope stability factor
of safety greater than or equal to 1.5 at the end of the economic life of the
development for the static condition of the bluff or a factor of safety
greater than or equal to 1.1 for the seismic condition of the bluff or
canyon, whichever is farther landward;
b. The increased bluff development area will provide adequate protection
from erosion factors for the economic life of the development;
October 2010 Newport Beach Zoning Code, Title 20
20.28
Overlay Zoning Districts
C. The increased bluff development area will be compatible and consistent
with surrounding development; and
d. The increased bluff development area will not have an impact on public
views, sensitive habitat areas, and is not otherwise detrimental to the
general public health and welfare.
20.28.050 — Reserved
Newport Beach Zoning Code, Title 20 October 2010
Part 3
Site Planning and Development
Standards
Table of Contents
Chapter 20.30 — Property Development Standards..............................................................3-5
20.30.010 —
Purpose and Applicability...................................................................................3-5
20.30.020 —
Buffering and Screening.....................................................................................3-5
20.30.030 —
Reserved............................................................................................................3-7
20.30.040 —
Fences, Hedges, Walls, and Retaining Walls....................................................3-7
3-48
20.30.050 —
Grade Establishment........................................................................................3-10
20.30.060 —
Height Limits and Exceptions...........................................................................3-13
20.30.070 —
Outdoor Lighting..............................................................................................3-18
20.30.080 —
Noise................................................................................................................3-19
20.30.090 —
Public Access to Bay Front..............................................................................
3-20
20.30.100 —
Public View Protection.....................................................................................3-21
20.30.110 —
Setback Regulations and Exceptions...............................................................3-22
20.30.120 —
Solid Waste and Recyclable Materials Storage...............................................3-29
20.30.130 —
Traffic Safety Visibility Area.............................................................................3-32
Chapter20.32
— Density Bonus............................................................................................3-35
20.32.010 —
Purpose............................................................................................................3-35
20.32.020 —
Eligibility for Density Bonus and Incentives......................................................3-35
20.32.030 —
Allowed Density Bonuses.................................................................................3-36
20.32.040 —
Parking Requirements in Density Bonus Projects............................................3-41
20.32.050 —
Allowed Incentives...........................................................................................3-42
20.32.060 —
Incentives for Housing with Child Care Facilities.............................................3-43
20.32.070 —
Design and Distribution of Affordable Units . ....................................................
3-44
20.32.080 —
Continued Availability.......................................................................................3-44
20.32.090 —
Occupancy and Resale of Common Interest Units . .........................................
3-44
20.32.100 —
Affordable Housing Agreement........................................................................3-45
Chapter 20.34 — Conversion or Demolition of Affordable Housing...................................3-47
20.34.010
— Purpose............................................................................................................3-47
20.34.020
— Applicability......................................................................................................3-47
20.34.030
— Exemptions......................................................................................................3-47
20.34.040
— Review Authority..............................................................................................
3-48
20.34.050
— Replacement of Affordable Housing................................................................3-48
20.34.060
— Determining Requirements for Replacement Units..........................................3-49
20.34.070
— Feasibility Analysis...........................................................................................3-50
20.34.080
— Administration and Feasibility Analysis Fees...................................................3-50
20.34.090
— Findings to Conclude that Replacement of Units is Not Feasible ....................
3-51
20.34.100
— Affordable Housing Agreement........................................................................3-51
Chapter 20.36
— Landscaping Standards.............................................................................3-53
20.36.010
— Purpose............................................................................................................3-53
October 2010 Newport Beach Zoning Code, Title 20 MW
Part 3 — Site Planning and Development Standards
20.36.020 —
Applicability......................................................................................................3-53
20.36.030 —
Exempt Projects...............................................................................................3-53
20.36.040 —
Alternatives to Requirements...........................................................................3-54
20.36.050 —
General Landscape Standards........................................................................3-54
20.36.060 —
Landscape and Irrigation Plans........................................................................3-55
20.36.070 —
Landscape and Irrigation Plan Standards........................................................3-55
Chapter 20.38
— Nonconforming Uses and Structures.......................................................3-59
20.38.010 —
Purpose............................................................................................................3-59
20.38.020 —
Applicability......................................................................................................3-59
20.38.030 —
Determination of Nonconformity.......................................................................3-60
20.38.040 —
Nonconforming Structures...............................................................................3-60
20.38.050 —
Nonconforming Uses........................................................................................3-62
20.38.060 —
Nonconforming Parking....................................................................................3-62
20.38.070 —
Landmark Structures........................................................................................3-64
20.38.080 —
Repair of Damaged or Partially Destroyed Nonconformities............................3-65
20.38.090 —
Termination of Nonconforming Status..............................................................3-66
20.38.100 —
Abatement Periods..........................................................................................3-67
Chapter 20.40
— Off -Street Parking.......................................................................................3-73
20.40.010 —
Purpose............................................................................................................3-73
20.40.020 —
Applicability......................................................................................................3-73
20.40.030 —
Requirements for Off -Street Parking................................................................3-74
20.40.040 —
Off -Street Parking Spaces Required................................................................3-75
20.40.050 —
Parking Requirements for Shopping Centers...................................................3-79
20.40.060 —
Parking Requirements for Food Service Uses.................................................3-80
20.40.070 —
Development Standards for Parking Areas......................................................3-81
20.40.080 —
Parking for Nonresidential Uses in Residential Zoning Districts ......................3-86
20.40.090 —
Parking Standards for Residential Uses..........................................................3-87
20.40.100 —
Off -Site Parking................................................................................................3-89
20.40.110 —
Adjustments to Off -Street Parking Requirements............................................3-90
20.40.120 —
Parking Management Districts.........................................................................3-91
20.40.130 —
In -lieu Parking Fee...........................................................................................3-91
Chapter 20.42
— Sign Standards...........................................................................................3-93
20.42.010 —
Purpose............................................................................................................3-93
20.42.020 —
Effect of Chapter..............................................................................................
3-94
20.42.030 —
General Provisions...........................................................................................3-95
20.42.040 —
Definitions........................................................................................................3-96
20.42.050 —
Prohibited Signs.............................................................................................3-103
20.42.060 —
Provisions Applying to All Sign Types............................................................3-104
20.42.070 —
Standards for Permanent Signs.....................................................................3-106
20.42.080 —
Standards for Specific Types of Permanent Signs.........................................3-113
20.42.090 —
Standards for Temporary Signs.....................................................................3-124
20.42.100 —
Procedures for Sign Approval, Exemptions, and Revocations .......................3-128
20.42.110 —
Modification Permit.........................................................................................3-131
20.42.120 —
Comprehensive Sign Program.......................................................................3-131
20.42.130 —
Innovative Sign Program................................................................................3-133
20.42.140 —
Nonconforming Signs.....................................................................................3-134
20.42.150 —Abandoned
Signs...........................................................................................3-135
20.42.160 —
Illegal Signs....................................................................................................3-136
20.42.170 —
Maintenance Requirements...........................................................................3-136
20.42.180 —
Heritage Signs...............................................................................................3-137
Newport Beach Zoning Code, Title 20 October 2010
Part 3 — Site Planning and Development Standards
Chapter 20.44
— Transportation Demand Management Requirements ...........................3-141
Table 3-3
20.44.010 —
Purpose..........................................................................................................3-141
Table 3-4
20.44.020 —
Applicability....................................................................................................3-141
Table 3-5
20.44.030 —
Transportation Demand Management Program.............................................3-141
Table 3-6
20.44.040 —
Employment Generation Factors...................................................................3-142
Table3-7
20.44.050 —
Site Development Requirements...................................................................3-142
Table 3-8
20.44.060 —
Equivalent Facilities or Measures..................................................................
3-143
20.44.070 —
Enforcement and Penalties............................................................................3-143
Table 3-10
Chapter 20.46 — Transfer of Development Rights.............................................................3-145
20.46.010 — Purpose..........................................................................................................3-145
20.46.020 — Applicability....................................................................................................3-145
20.46.030 — General Requirements...................................................................................3-145
20.46.040 — Procedures.....................................................................................................3-145
20.46.050 — Findings.........................................................................................................3-146
Tables
Table 3-1 Maximum Height of Fences, Hedges, and Walls.................................................3-7
Table 3-2
Significant Noise Increase.................................................................................3-20
Table 3-3
Encroachments..................................................................................................3-27
Table 3-4
Multi -Unit Development Minimum Common Storage Areas Required (Sq. Ft.).
3-30
Table 3-5
Nonresidential Structures Minimum Storage Areas Required (Sq. Ft) ..............3-30
Table 3-6
Very Low-Income...............................................................................................3-36
Table3-7
Low-Income.......................................................................................................3-37
Table 3-8
Moderate-Income...............................................................................................3-38
Table 3-9
Very Low-Income...............................................................................................3-39
Table 3-10
Off -Street Parking Requirements......................................................................3-75
Table 3-11
Parking Setback from Alley..............................................................................3-81
Table 3-12
Minimum Standard Parking Space Size..........................................................3-82
Table 3-13
Standard Vehicle Space Requirements...........................................................3-82
Table 3-14
Minimum Interior Dimensions..........................................................................3-87
Table 3-15
Signs Allowed in Residential Zoning Districts................................................3-107
Table 3-16
Signs Allowed in Commercial and Industrial Zoning Districts ........................3-108
Table 3-17
Signs Allowed in OS, PI, PR, and PF Zoning Districts...................................3-110
Table 3-18
Temporary Signs............................................................................................3-124
October 2010 Newport Beach Zoning Code, Title 20
Part 3 — Site Planning and Development Standards
— This page intentionally left blank —
Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.30 — Property Development Standards
Sections
20.30.010
— Purpose and Applicability
20.30.020
— Buffering and Screening
20.30.030
— Reserved
20.30.040
— Fences, Hedges, Walls, and Retaining Walls
20.30.050
— Grade Establishment
20.30.060 — Height Limits and Exceptions
20.30.070
— Outdoor Lighting
20.30.080
— Noise
20.30.090
— Public Access to Bay Front.
20.30.100
— Public View Protection
20.30.110
— Setback Regulations and Exceptions
20.30.120
— Solid Waste and Recyclable Materials Storage
20.30.130
— Traffic Safety Visibility Area
20.30.010 — Purpose and Applicability
The purpose of this Chapter is to ensure that development is consistent with the General Plan,
complies with the standards of this Chapter, produces an environment that is harmonious with
existing and future development, and protects the use and enjoyment of neighboring properties.
The standards of this Chapter apply to all zoning districts. These standards shall be considered
in combination with the standards for each zoning district in Part 2 (Zoning Districts, Allowable
Land Uses, and Zoning District Standards), and Part 4 (Standards for Specific Land Uses).
Where there may be a conflict, the standards specific to the zoning district or specific land use
shall override these general standards.
All structures, additions to structures, and uses shall conform to the standards of this Chapter as
determined applicable by the Director.
20.30.020 — Buffering and Screening
This Section provides standards for the screening and buffering of adjoining land uses,
equipment, and outdoor storage areas. Multi -unit residential and nonresidential land uses shall
comply with the requirements of this Section.
A. Roof -mounted and ground -mounted mechanical equipment.
Screening required. The screening of roof -mounted and ground -mounted
mechanical equipment is required in all zoning districts at the time of new
installation or replacement. Roof -mounted and ground -mounted mechanical
equipment (e.g., air conditioning, heating, ventilation ducts and exhaust vents,
swimming pool and spa pumps and filters, transformers and generators, and
similar equipment, but excluding solar collectors and related equipment), shall be
screened from public view and adjacent residential districts, and shall comply
with the requirements below.
October 2010 Newport Beach Zoning Code, Title 20
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Property Development Standards
2. Roof -mounted mechanical equipment.
a. Screening. Roof -mounted mechanical equipment shall not be visible in
any direction (360 degrees) from a public right-of-way or adjacent
residential property, as may be seen from a point 6 feet above ground
level. In addition, screening of the top of roof -mounted mechanical
equipment may be required by the Director, if necessary to protect views
from a residential zoning district located at a higher elevation.
b. Height limit. Roof -mounted mechanical equipment and screening shall
be subject to the height limitations of Part 2 (Zoning Districts, Allowable
Land Uses, and Zoning District Standards) and any height limit
exceptions in Section 20.30.060 (Height Limits and Exceptions).
C. Screening methods. Screening of roof -mounted equipment shall be
accomplished with mechanical roof wells recessed below the roof line or
by solid and permanent roof -mounted screens. Screening shall be
compatible with the architectural style, materials, and color of the building
upon which the equipment is located, subject to the approval of the
Department.
3. Ground -mounted mechanical equipment.
a. Screening. Ground -mounted mechanical equipment shall be screened
from any public rights-of-way and/or public property as seen from a point
6 feet above ground level.
b. Setback required. Ground -mounted mechanical equipment and
screening, except landscaping, shall be subject to the setback
requirements of Part 2 (Zoning Districts, Allowable Land Uses, and
Zoning District Standards) and any allowed encroachments in Section
20.30.110 (Setback Regulations and Exceptions).
C. Screening methods. Screening of ground -mounted mechanical
equipment shall be accomplished with fences, walls, solid hedges, or
other methods approved by the Department. Chain link fencing with or
without slats is not allowed.
4. Sound rating. Roof -mounted and ground -mounted mechanical equipment shall
be subject to Municipal Code Section 10.26.025 (Exterior Noise Standards).
5. Mixed -Use and commercial zoning districts. Mechanical equipment within
mixed-use or commercial zoning districts shall be located so that the impact of
noise on residential uses within the development and on adjacent residential
uses is minimized to the greatest extent feasible in compliance with Municipal
Code Section 10.26.025 (Exterior Noise Standards).
6. Maintenance required. Screening shall be maintained in good condition at all
times. Landscaping used as screening shall provide a dense, year-round screen.
Newport Beach Zoning Code, Title 20 October 2010
Property Development Standards
20.30
B. Outdoor storage areas. Where equipment, material, or merchandise is allowed to be
stored outdoors these items shall be screened from public view and adjacent residential
districts with fences, walls, solid hedges, or other methods approved by the Department.
Chain link fencing with or without slats is not allowed.
C. Solid waste storage areas. Screening of solid waste storage areas and trash
receptacles shall be provided in compliance with the requirements of Section 20.30.120
(Solid Waste and Recyclable Materials Storage).
D. Screening and buffering between different zoning districts.
1. Nonresidential use. Where a nonresidential zoning district abuts a residential
zoning district, a solid masonry wall a minimum of 6 feet in height shall be
required.
2. Industrial use. Where an industrial zoning district abuts a residential zoning
district, a solid masonry wall a minimum of 8 feet in height shall be required.
20.30.030 — Reserved
20.30.040 — Fences, Hedges, Walls, and Retaining Walls
This Section provides standards for the provision of fences, hedges, walls, and retaining walls.
A. Maximum height allowed.
1. Fences, hedges, and walls. Maximum heights of fences, hedges, and walls are
shown in Table 3-1.
TABLE 3-1
MAXIMUM HEIGHT OF FENCES. HEDGES. AND WALLS
Location
Maximum Height
Front setback areas.
42 inches. See Subsection B, below.
Rear and interior side setback areas.
6 feet in residential and commercial
zoning districts.
8 feet in industrial zoning districts
adjacent to residential uses.
Rear setback area abutting or adjacent to the
42 inches.
waterfront of Newport Bay, the shoreline of the
Pacific Ocean, the Old Channel of the Santa
River (the Oxbow Loop), or the channels in
West Newport.
At intersections of streets, alleys and driveways
See Section 20.30.130 (Traffic Safety
within traffic sight areas.
Visibility Area).
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Property Development Standards
2. Retaining walls. The maximum height of a retaining wall shall be 8 feet
measured from finish grade at the base of the wall, not including any required
guardrails. A minimum horizontal separation equal to the height of the tallest
retaining wall shall be provided between retaining walls, except that the required
separation shall not be more than 6 feet. The above requirements shall not apply
to retaining walls that are an integral part of principal structures. An increase in
the height of a retaining wall may be requested in compliance with Section
20.52.50 (Modification Permits).
B. Special area regulations. In front setback areas in Balboa Peninsula, Balboa Island,
Corona del Mar, West Newport, East Bay Front on Little Balboa Island, and North Bay
Front and South Bay Front on Balboa Island fences and walls shall be allowed to extend
to a height of 5 feet, provided that any portion of the fence or wall above 2 feet shall be
constructed of open grillwork, wrought iron, latticework, pickets, Plexiglas, or similar
materials so that at least 40 percent of the portion of the fence or wall above 2 feet is
open.
C. Exceptions to maximum height.
Grade differential. Where the existing grade of a lot adjacent to the front
setback area is more than 24 inches above the adjacent sidewalk (or curb
elevation where no sidewalk exists), a maximum 24 -inch high retaining wall shall
be allowed to be located at the front property line. Additional retaining walls shall
be allowed to a maximum height of 36 inches each provided they are set back a
minimum distance of 24 inches from the inward face of the previous retaining
wall. Additional retaining walls shall be subject to the same limitation. A
maximum 42 -inch guard rail shall be allowed atop the upper most retaining wall
for safety purposes, provided the guard rail is constructed of open grillwork,
wrought iron, latticework, pickets, or similar materials so that at least 40 percent
of the fence is open. See Figure 3-1.
2. Decorative fence/wall details and lights.
a. Finials, light fixtures, pilaster caps, pots, and similar decorative items may
be placed on fence or wall vertical support elements (e.g., pilasters,
pillars, posts, etc.) provided they are secure and do not extend more than
12 inches above the maximum allowed height.
b. The number of decorative items (e.g., finials, pilaster caps, pots, and
similar items) and light fixtures shall be limited to not more than one item
or fixture for every 6 lineal feet of fence or wall.
3. Fencing for pools and spas.
a. Swimming pools, spas, and other similar features shall be fenced in
compliance with Municipal Code Title 15.
b. Fencing and guardrails for ponds, spas, and swimming pools located in a
front setback area, or in the rear and side setback areas regulated as
front setback areas on lots with 42 -inch height limitations may be allowed
to exceed the height limit in compliance with the following standards:
Newport Beach Zoning Code, Title 20 October 2010
Property Development Standards
20.30
(1) Fences shall be constructed of open grillwork, wrought iron,
latticework, pickets, or similar materials so that at least 40 percent
of the fence or wall is open. In lieu of the above, glass or Plexiglas
may be allowed; and
(2) Fence height shall be limited to the minimum required by
Municipal Code Title 15.
5'10"
Pedestrian
Sidewalk I I
40 Percent Open R
Construction
Required
5'10" 2'-0"
4
Pedestrian 4
2'_0"
0
Sidewalk N
0
40 Percent Open
Construction
Required
0
Zn
Existing Grade
Figure 3-1
Grade Differential at Front Property Line
Existing
Grade
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20.30
Property Development Standards
4. Residential uses adjacent to commercial uses or alleys. For residential lots
adjacent to nonresidential zoning districts or commercial alleys fences, walls, or
hedges may be up to 8 feet in height in required residential side yards for
buffering and/or sound attenuation.
D. Measurement of fence or wall height.
The height of a fence, hedge, or wall shall be measured from the lowest existing
grade at the location where the fence, hedge, or wall is located.
2. Where a fence or wall is constructed on top of a retaining wall the height of the
fence or wall shall be measured from the side of the retaining wall with the
highest elevation. See Figure 3-2
Figure 3-2
Fence Height
E. Prohibited fence materials. Barbed wire, electrical fences, razor wire, and other
similar materials shall not be allowed in residential zoning districts.
20.30.050 — Grade Establishment
This Section provides regulations for establishing the slope and grade of a lot for the purpose of
identifying the surface from which to measure structure height to be used in conjunction with the
provisions of Section 20.30.060 (Height Limits and Exceptions).
J Newport Beach Zoning Code, Title 20 October 2010
Property Development Standards 20.30
A. Establishment of slope. In order to determine which of the two methods to use to
establish the grade of the lot from which to measure structure height as provided in
Subsection B, below, it is first necessary to determine the slope of the lot as follows:
The slope of a lot shall be determined using a 4 -sided polygon that most closely
approximates the actual footprint of the proposed structure. The area of the 4 -
sided polygon shall not be smaller than the footprint of the proposed structure
and shall be located entirely within the buildable area of the lot; (See Figure 3-3)
Figure 3-3
Area for Determining Slope
2. The slope of the polygon shall be determined using the highest and lowest
elevation at any of the 4 corners of the polygon and the distance between the
respective corners;
3. If the location of the polygon selected by the applicant is not clearly
representative of the lot's topography or representative of the prevailing slopes
on adjoining lots because of retaining structures or previous excavation/fill, the
Director shall establish the appropriate area to be used to determine the slope of
the lot.
B. Establishment of grade. The grade of a lot shall be established by one of the following
methods unless the Director establishes the grade in compliance with Subsection C
(Establishment of grade by Director), below.
Subdivisions. If the City approves or has approved a grading plan in
conjunction with an approved subdivision, the established grade shall be the
finished grade as shown on the grading plan or Final Subdivision Map.
October 2010 Newport Beach Zoning Code, Title 20
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Property Development Standards
2. 5 percent or less slope. On lots where the slope of the 4 -sided polygon is 5
percent or less, the grade of the surface from which structure height is measured
shall be a plane established using the average of the elevations at each corner of
the 4 -sided polygon. Example: A + B + C + D = X; X/4 = Established grade
elevation from which to measure structure height.
3. More than 5 percent slope.
a. On lots where the slope of the 4 -sided polygon is greater than 5 percent,
the established grade from which structure height is measured shall be a
plane established by determining the elevation of the lot at 5 evenly
spaced points along each of the 2 side property lines and connecting
each of the points along a side property line with the corresponding point
on the opposite side property line.
The 5 evenly spaced points along each side property line shall be located
so that one point is located at the intersection of the front setback line
with the side property line and another point is located at the intersection
of the rear setback line with the side property line. The other 3 points
along the side property line shall be located so that all 5 points are
equidistant from each other. (See Figure 3-4)
Figure 3-4
Slope Greater than 5%
Newport Beach Zoning Code, Title 20 October 2010
P1
Front Setback _
P2
BuildableArea
4 -sided polygon
that approximates
P1the
'
P3
building footprint
P4
P2
`
P5
`�
-
P3 `�
- `' ~
Lot Line
�
Por��y��rr
r►r
r�•r
Setback
P5
Figure 3-4
Slope Greater than 5%
Newport Beach Zoning Code, Title 20 October 2010
Property Development Standards
20.30
C. On lots that slope an average of 20 percent or greater, or on irregularly
shaped or sloping lots, the Director may require that additional points of
elevation be provided.
C. Establishment of grade by director. If the director finds that the existing grade on the
subject lot has been previously altered (e.g., contains retaining structures, property line
walls, planters, or excavation/fill), or other conditions are present to the degree that the
existing grade is not representative of the prevailing grades on adjoining lots and/or the
general area and, therefore, is not appropriate for the purpose of establishing the grade
of the subject lot, the director may establish the grade that is reasonable and
comparable with the grades of adjoining lots and that will not be detrimental or injurious
to property and improvements on adjoining lots.
20.30.060 — Height Limits and Exceptions
A. This section establishes regulations for determining compliance with the maximum
allowable height limits established for each zoning district by Part 2 (Zoning Districts,
Allowable Land Uses, and Zoning District Standards).
B. Height of structures and measurement.
Structure height established. Structures shall not exceed the maximum
allowable height for the zoning district in which the structure is located, except as
provided in Subsection B (Increase in height limit), or Subsection C (Exceptions
to height limits), below.
2. Height measurement. Height shall be measured as the vertical distance from
the established grade of the pad to the highest part of the structure, including any
protective guard rails and parapet walls. Structures with slopping roofs shall be
measured to the highest peak of the roof. Structures with flat roofs shall be
measured to the top of the roof, guard rail, or parapet wall. The established grade
of the pad shall be determined by one of the methods identified in Section
20.30.050 (Grade Establishment).
3. Flood hazard areas.
a. Finished first floor elevation. The minimum required finished first floor
elevation for interior living areas of all new structures within flood hazard
areas shall be as established by the Flood Insurance Rate Maps
recognized by the Building Department as part of flood safety
requirements and maps adopted by the Council. Not withstanding the
building elevations established by the Flood Insurance Rate Maps, the
minimum required ground floor finished floor elevation for interior living
areas of all new structures shall be at least 9.00 (NAVD 88).
b. Height measurement. The height of a principal structure shall be
measured from the elevation of the finished first floor, including habitable
floor area over a garage or other nonhabitable space.
C. Accessory structures. The height of accessory structures may be
measured from either the existing grade of the lot or the elevation
established by the Flood Isurance Rate Maps.
October 2010 Newport Beach Zoning Code, Title 20
20.30
Property Development Standards
4. Structures on Ocean Boulevard. New structures and
existing structures on the bluff side of Ocean Boulevard in
not be constructed to a height greater than the elevation
The top of curb height limit shall be established by a
extension of the top of curb line across each lot.
C. Increase in height limit.
additions/changes to
Corona del Mar shall
of the adjacent curb.
plane created by the
Procedure. The base height limits established in Part 2 (Zoning Districts,
Allowable Land Uses, and Zoning District Standards) may be increased within
specified areas with the adoption of a planned community district, adoption of a
specific plan, or approval of a Planned Development Permit, or Site Development
Review. The maximum height limit is not guaranteed by right and shall require
approval of a discretionary action when all applicable findings are met in
compliance with Subparagraph 3, (Required findings), below. Height limits
established as part of an adopted Planned Community shall not be subject to this
subsection.
2. Height limit areas. The height limit areas shall be as follows;
a. R -A, R-1, R -BI, and R-2 zoning districts height limit area. In this
height limit area the base height limit for structures with flat roofs is 24
feet (including guard rails and parapet walls) and the base height limit for
structures with sloped roofs is 29 feet. The height of a structure may be
increased up to a maximum of 28 feet with a flat roof or 33 feet with a
sloped roof through the approval of a discretionary application as
provided above. This height limit applies in all R -A, R-1, R -BI, and R-2
zoning districts as shown on the Zoning Map.
b. RM and RMD zoning districts height limit area. In this height limit area
the base height limit for structures with flat roofs is 28 feet (including
guard rails and parapet walls) and the base height limit for structures with
sloped roofs is 33 feet. The height of a structure may be increased up to a
maximum of 32 feet with a flat roof or 37 feet with a sloped roof through
the approval of a discretionary application as provided above. This height
limit applies in all RM and RMD zoning districts as shown on the Zoning
Map.
C. Nonresidential, shoreline height limit area. In this height limit area the
base height limit for nonresidential and mixed use structures with flat
roofs is 26 feet and the base height limit for structures with sloped roofs is
31 feet. The height of a structure may be increased up to a maximum of
35 feet with a flat roof or 40 feet with a sloped roof through the approval
of a discretionary application as provided above. The shoreline height
limit shall apply to all nonresidential zoning districts and mixed use zoning
districts within the boundries of the Shoreline Height Limit Area shown on
the High Rise and Shoreline Height Limit Areas Map (See Part 8, Map H-
1).
d. Nonresidential, nonshoreline height limit area. In this height limit area
the base height limit for nonresidential and mixed use structures with flat
Newport Beach Zoning Code, Title 20 October 2010
Property Development Standards
20.30
roofs is 32 feet and the base height limit for structures with sloped roofs is
37 feet. The height of a structure may be increased up to a maximum of
50 feet with a flat roof or 55 feet with a sloped roof through the approval
of a discretionary application as provided above. This height limit shall
apply to all nonresidential, nonshoreline zoning districts and mixed use
zoning districts within its boundaries. The nonresidential, noshoreline
height limit area is identified as all of the area ouside the Shoreline Height
Limit Area shown on the High Rise and Shoreline Height Limit Areas Map
(See Part 8, Map H-1).
e. High Rise Height Area. In this height limit area, the maximum height
limit shall be 300 feet and no further increase to the maximum allowed
height is available. This height limit is applicable to all nonresidential
zoning districts within its boundaries as indicated on the High Rise and
Shoreline height Limit Areas Map (See Part 8, Map H-1). Proposed
projects within this height limit area shall comply with the requirements of
Subsection E (Airport Environs Land Use Plan for John Wayne Airport
and Airport Land Use Commission Review Requirements), below.
3. Required findings. The review authority may adopt a planned community
district, adopt a specific plan, or approve a Planned Development Permit, or Site
Development Review to allow an increase in the height of a structure above the
base height only after first making all of the following findings in addition to the
findings required for the discretionary permit application:
a. The project applicant is providing additional project amenities beyond
those that are otherwise required. Examples of project amenities include,
but not limited to:
(1) Additional landscaped open space;
(2) Increased setback and open areas;
(3) Enhancement and protection of public views; and
b. The architectural design of the project provides visual interest through the
use of light and shadow, recessed planes, vertical elements, and varied
roof planes;
C. The increased height will not result in undesirable or abrupt scale
changes or relationships being created between the proposed structure(s)
and existing adjacent developments or public spaces. Where appropriate,
the proposed structure(s) provide a gradual transition to taller or shorter
structures on abutting properties; and
d. The structure will have no more floor area than could have been achieved
without the approval of the height increase.
D. Exceptions to Height Limits
Assembly and meeting facilities. Structures used as places of worship may be
allowed to exceed the height limit subject to the approval of a Site Development
Review in compliance with Section 20.52.080. Where more than one structure
October 2010 Newport Beach Zoning Code, Title 20
20.30
Property Development Standards
exists or is proposed for the site, only the principal structure shall be eligible for
approval to exceed the maximum height limit.
2. Architectural Features. Architectural features (e.g., cupolas, weathervanes, and
other decorative roof -top features) of an open nature, but excluding guardrails,
parapet walls, and similar features may be allowed up to the height limit for a
sloped roof. Architectural features with a height greater than that allowed for a
sloped roof shall be subject to the approval of a Modification Permit.
3. Boat cranes. Boat cranes used in conjunction with an approved marine -oriented
nonresidential use may be allowed to exceed the maximum height limit up to a
maximum operating height of 70 feet, subject to the approval of a Minor Use
Permit.
4. Chimneys and vents. Chimneys and spark arrestors for fireplaces and roof -
mounted vents shall be allowed to exceed the allowed height limits as follows;
a. Chimneys may extend above the allowed height limit a maximum of 2 feet
or a greater height if required by the City's Building Code;
Spark arrestors may extend above the top of a chimney a maximum of 2
feet provided they do not exceed a width of 2 feet and a length of 4 feet;
and
C. Roof -mounted vents may extend above the allowed height limit a
maximum of 12 inches or a greater height if required by the City's
Building Code.
5. Dormers. Dormers may be allowed to exceed the maximum height provided that:
a. The total width of the dormer that exceeds the height limit shall not be
greater than 35 percent of the length of the side of the structure where the
dormer is located;
b. The roof pitch of the dormer shall not be less than 2:12; and
C. The peak of the dormer shall not be higher than the peak of the roof on
which it is located.
6. Elevator shafts, enclosed stairwells. Elevator shafts and enclosed stairwell
housings may exceed the allowed height limit by the minimum height required by
Municipal Code Title 15 (Building and Construction) provided they do not exceed
30 square feet in area, unless a larger elevator is required by Municipal Code
Title 15 and/or Fire Department. In these instances, the area of the elevator or
stair housing shall not exceed the minimum size required by Municipal Code Title
15 and/or Fire Department. Elevator shafts and enclosed stairwell housings that
exceed 30 square feet in area shall have sloped roofs with a minimum 3/12 pitch.
7. Fences, hedges, and walls. Section 20.30.040 (Fences, Hedges, Walls, and
Retaining Walls) sets forth exceptions to height limits for these structures.
Newport Beach Zoning Code, Title 20 October 2010
Property Development Standards
8. Flag poles.
20.30
a. Ground -mounted flag poles shall be allowed in residential zoning districts
to a maximum height of 28 feet and in nonresidential zoning districts to a
maximum height of 35 feet.
Flag poles mounted on tops of buildings located in nonresidential zoning
districts shall be allowed to exceed the maximum height limit by up to 20
feet.
9. Landmark buildings. An alteration or addition to a landmark building shall be
exempt from height limits, provided that structural alterations or additions that
exceed the height of the existing structure shall require approval of a Site
Development Review in compliance with Section 20.52.080 and shall not exceed
a maximum of 55 feet in height. The Site Development Review may be approved
only if all of the following findings are first made in addition to those findings
identified on Section 20.52.080:
a. The portion of the structural alteration or addition that exceeds the height
of the existing structure does not significantly impact public views from
public rights-of-way.
b. The portion of the structural alteration or addition that exceeds the height
of the existing structure will not be used in a manner that increases the
intensity of the use of the Landmark Building.
C. The allowed height of the Landmark Building will not be detrimental to the
health, safety, peace, comfort, or general welfare of persons residing or
working in the neighborhood of the Landmark Building.
10. Light standards. Light standards may be allowed to exceed maximum height
limits, subject to the approval of a Site Development Review in compliance with
Section 20.52.080. All light fixtures and standards shall comply with the
requirements of Section 20.30.070 (Outdoor Lighting).
11. Mechanical equipment.
a. Nonresidential zoning districts. In nonresidential zoning districts, roof -
mounted mechanical equipment, totaling not more than 30 percent of the
total roof area, including required screening devices, shall be allowed to
exceed the maximum height limit by up to 5 feet.
b. Residential zoning districts. In residential zoning districts, roof -mounted
equipment is not allowed to exceed the maximum height limit for the
zoning district.
12. Solar equipment. The height limit regulations in this Zoning Code do not apply
to equipment and panels used for the production of solar energy.
13. Skylights and roof windows. Skylights or roof windows shall be allowed to
exceed the maximum height limit by up to 6 inches on conforming roofs.
October 2010 Newport Beach Zoning Code, Title 20
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Property Development Standards
E. Airport Environs Land Use Plan (AELUP) for John Wayne Airport and Airport Land
Use Commission (ALUC) Review Requirements.
AELUP requirements.
a. Buildings and structures shall not penetrate Federal Aviation Regulation
(FAR) Part 77 Obstruction Imaginary Surfaces for John Wayne Airport
unless approved by the Airport Land Use Commission (ALUC).
b. In compliance with FAR Part 77, applicants proposing buildings or
structures that penetrate the 100 :1 Notification Surface shall file a Form
7460-1, Notice of Proposed Construction or Alteration with the FAA. A
copy of the FAA application shall be sumbitted to the ALUC and the
applicant shall provide the City with FAA and ALUC responses.
2. Citywide requirements. Development projects that include structures higher
than 200 feet above existing grade shall be submitted to the Airport Land Use
Commission (ALUC) for review. In addition, projects that exceed a height of 200
feet above existing grade shall file Form 7460-1 with the Federal Aviation
Administration (FAA).
20.30.070 — Outdoor Lighting
This Section establishes outdoor lighting standards in order to reduce the impacts of glare, light
trespass, over lighting, sky glow, and poorly shielded or inappropriately directed lighting fixtures,
and promote safety and encourage energy conservation.
A. General outdoor lighting standards.
All outdoor lighting fixtures shall be designed, shielded, aimed, located, and
maintained to shield adjacent properties and to not produce glare onto adjacent
properties or roadways. Parking lot light fixtures and light fixtures on buildings
shall be full cut-off fixtures.
2. Flashing, revolving, or intermittent exterior lighting visible from any property line
or street shall be prohibited, except if approved as an accessory feature on a
temporary basis in conjunction with a Special Event Permit.
3. A photometric study may be required as part on an application for a Zoning
Clearance if it is determined that there is potential for a negative impact to
surrounding land uses or sensitive habitat areas.
4. If in the opinion of the Director existing illumination creates an unacceptable
negative impact on surrounding land uses or sensitive habitat areas the Director
may order the dimming of light sources or other remediation upon finding that the
site is excessively illuminated.
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B. Light standards within parking lots. Light standards within parking lots shall be the
minimum height required to effectively illuminate the parking area and eliminate spillover
of light and glare onto adjoining properties and roadways. To accomplish this, a greater
number of shorter light standards may be required as opposed to a lesser number of
taller standards.
C. Outdoor lighting standards for buildings, statues, other man-made objects, and
landscapes, Spotlighting or floodlighting used to illuminate buildings, statues, signs, or
any other objects mounted on a pole, pedestal, or platform, or used to accentuate
landscaping shall consist of full cut-off or directionally shielded lighting fixtures that are
aimed and controlled so that the directed light shall be substantially confined to the
object intended to be illuminated to minimize glare, sky glow, and light trespass. The
beam width shall not be wider than that needed to light the feature with minimum
spillover. The lighting shall not shine directly into the window of a residence or directly
into a roadway. Light fixtures attached to a building shall be directed downward.
D. Outdoor recreation/entertainment areas. Sports courts and similar facilities used for
outdoor recreation or entertainment located within a residential zoning district or closer
than 200 feet to the boundary of a residential zoning district, shall not be lighted unless a
Minor Site Development Review has been approved in compliance with Section
20.52.080 (Site Development Review).
20.30.080 — Noise
This Section establishes standards for the regulation of noise levels to protect the health, safety,
and welfare.
A. Compliance with noise control provisions. All land uses and their associated
activities shall comply with the provisions of this Section and Chapters 10.26
(Community Noise Control) and 10.28 (Loud and Unreaonable Noise) of the Municipal
Code.
B. Acoustical study. The Director may require the preparation of an acoustical study in
instances where the Director determines that a project may expose existing or proposed
noise -sensitive land uses to noise levels exceeding the standards specified in Chapters
10.26 or 10.28 of the Municipal Code.
C. Noise exposure verification for new development. Applicants for projects located in
areas projected to be exposed to a CNEL of 60 dBA and higher may conduct a field
survey, noise measurements, or other noise modeling analysis in a manner acceptable
to the Director to provide evidence that the noise contours identified in the Noise
Element of the General Plan do not adequately account for local noise exposure
circumstances due to topography, variation in traffic speeds, or other conditions. These
findings shall be used to determine the level of required noise attenuation methods and
the feasibility of mitigation.
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D. Deliveries, loading, and unloading. Deliveries, loading, unloading, opening/closing or
other handling of boxes, crates, containers, building materials, trash receptacles, or
similar objects within a nonresidential zoning district shall not be allowed between the
hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours
of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays.
E. Noise sensitive land uses.
New noise sensitive land uses that will be impacted by existing land use related
noise sources shall be required to mitigate the noise levels from those noise
sources so that the resulting noise levels on the proposed noise -sensitive land
use(s) do not exceed the standards in Chapter 10.26 (Community Noise Control)
of the Municipal Code.
2. Dedications of avigation easements in favor of the County of Orange may be
required when noise sensitive uses are proposed in the John Wayne Airport
(JWA) Planning Area, as established in the JWA Airport Environs Land Use Plan.
F. Airport Environs Land Use Plan. Residential uses, including mixed use residential,
shall be prohibited within the 1985 Jonh Wayne Airport (JWA) Master Plan 65 dBA
CNEL contour.
G. Mitigation of impacts. Noise mitigation measures may be required in conjunction with
the approval of an application for new development when a significant noise impact is
identified.
TABLE 3-2
SIGNIFICANT NOISE INCREASE
CNEL dBA dBA increase
55 3
60 2
65 1
70 1
Over 75 Any increase is considered significant
H. Dedications of avigation easements in favor of the County of Orange may be required
when noise sensitive uses are proposed in the JWA Planning Area, as established in the
JWA AELUP.
New public parks in Noise Impact Zones 1 and 2 identified in the JWA AELUP shall be
required to post notifications to users regarding aircraft overflight and potential noise
impacts.
20.30.090 — Public Access to Bay Front.
A. Applicability. In approving a development on a site with frontage along the bay that
requires discretionary approval the review authority shall require the dedication of
vertical and lateral public access easements, except where adequate public access
already exists or where the provision of access is inconsistent with public safety or the
protection of fragile coastal resources.
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B. Standards. The following standards shall be applied to all lateral and vertical public
access easements:
Public access easements shall be a minimum of 6 feet in width;
2. Public access easements may be provided within required setback areas;
3. Signs shall be provided for the purpose of directing the public to the bay front
access; and
4. All dedicated public access easements shall be recorded with the Orange County
Recorder's Office in a manner satisfactory to the Director of Public Works.
20.30.100 — Public View Protection
A. This Section provides regulations to preserve significant visual resources (public views)
from public view points and corridors. It is not the intent of this Zoning Code to protect
views from private property, to deny property owners a substantial property right or to
deny the right to develop property in accordance with the other provisions of this Zoning
Code.
B. Applicability. The provisions of this Section shall apply only to discretionary
applications where a project has the potential to obstruct public views from public view
points and corridors, as identified on General Plan Figure NR 3 (Coastal Views), to the
Pacific Ocean, Newport Bay and harbor, offshore islands, the Old Channel of the Santa
River (the Oxbow Loop), Newport Pier, Balboa Pier, designated landmark and historic
structures, parks, coastal and inland bluffs, canyons, mountains, wetlands, and
permanent passive open space.
C. Initial evaluation. Discretionary applications involving a project site adjacent to an
identified public view point or corridor shall be reviewed to evaluate the development's
potential to impact public views.
D. Visual impact analysis. Where a proposed development has the potential to obstruct a
public view(s) from a identified public view point or corridor, as identified on General
Plan Figure NR 3 (Coastal Views), a view impact analysis may be required by the
Department. The view impact analysis shall be prepared at the project proponent's
expense. The analysis shall include recommendations to minimize impacts to public
views from the identified public view points and corridors while allowing the project to
proceed while maintaining development rights.
E. Landscape standards. Landscape improvements shall be installed and maintained to
ensure that landscape materials do not unnecessarily obstruct public views at maturity.
Landscaping at the edges of roads from which there is an identified public view should
be designed, planted and maintained to frame and accent public views.
F. Other Development Features. Freestanding signs, rooftop equipment, antennas, and
other project features shall be designed and sited to ensure they minimize impacts to
public views.
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Property Development Standards
G. View protection easement. The review authority may require applicants to provide
public view protection easements to protect public views.
20.30.110 — Setback Regulations and Exceptions
This Section establishes standards to ensure the provision of open areas around structures for:
visibility and traffic safety; access to and around structures; access to natural light and
ventilation; separation of incompatible land uses; space for privacy, landscaping, and recreation;
protection of natural resources; and safety from fire and geologic hazards.
A. Setback requirements.
1. Structures.
a. Principal structures. Principal structures shall conform with the setback
requirements established for:
(1) Each zoning district in Part 2 (Zoning Districts, Allowable Land
Uses, and Zoning District Standards) of this Code;
(2) Any specific uses identified in Part 4 (Standards for Specific Land
Uses) of this Zoning Code;
(3) Any special setback areas established in Section 20.28.040 (Bluff
Overlay District); and
(4) Any special setback areas established in Municipal Code Title 9
and Title15.
b. Access to dwellings. On residential lots wider than 30 feet, if the primary
entrance to a single- or two -unit dwelling faces a side setback area the
entry door shall be set back a minimum of 5 feet from the side property
line and a 3 -foot wide unobstructed walkway shall be provided up to a
minimum height of 8 feet between the primary entrance and the public
street or alley.
C. Access to side setback area. On residential lots, regardless of the
setback area encroachments allowed by this Subsection, a minimum 36 -
inch wide passageway shall be maintained within at least one side
setback area adjacent to the principal structure in compliance with the
following:
(1) The passageway shall be free of any encroachments or
obstructions from ground level to a height of 8 feet, including
mechanical equipment, and other items attached to, or detached
from, the principal structure;
(2) Fences and walls located immediately adjacent to the property
line may encroach up to 6 inches. No reduction or modification to
this requirement shall be allowed; and
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(3) The opposite side setback area may have encroachments allowed
by this Subsection.
d. Accessory structures. All accessory structures shall comply with the
setback requirements established for:
(1) Accessory Structures in Subsection 20.30.110.D.2 (Accessory
structures), below, and any allowed encroachments; and
(2) Any special setback areas established in Municipal Code Title 9
and Title15.
2. Setback areas to be open. Each required setback area shall be open and
unobstructed from the ground upward, except as provided in this Section.
B. Location and measurement of setbacks. Setbacks shall be located and measured as
follows:
1. General.
a. Measure at right angles. The distance/depth of a setback area (i.e.,
front, side, or rear) shall be measured at right angles from the nearest
property line establishing a setback area line parallel to that property line.
b. Future street right-of-way. Whenever a future street right-of-way line is
officially established, required setback areas shall be measured at right
angles from the established future right-of-way line(s).
2. Front setback area.
a. General. The front setback area shall extend across the entire width of
the lot frontage.
b. Corner lots. The front setback area for a corner lot shall be the required
distance parallel to the shortest property line adjoining the street.
3. Side setback area. The side setback area shall be established by a line parallel
with the side property line and extending between the front and rear setback
areas.
4. Street side setback area. The side setback area on the street side of a corner
lot shall be established by a line parallel with the side property line adjoining the
street and extending between the front and rear setback areas.
5. Rear setback area.
a. General. The rear setback area shall extend across the entire width of
the rear of the lot.
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a
Ln
Property Development Standards
b. Irregular shaped lots. Where the side lot lines converge to a point at the
rear of the lot and make an angle 90 degrees or less, a line 10 feet long
within the lot, parallel to and at a maximum distance from the front lot line,
shall be deemed to be the rear lot line for the purpose of determining the
depth of the required rear setback area. Where the angle created by the
convergence of two side lot lines at the rear of the lot is greater than 90
degrees, a line 10 feet long measured from the point of convergence and
perpendicular to the front lot line shall establish the location of the
required rear setback line. See Figure 3-6. (Rear Setback Areas on
Irregularly-shaped Lots), below.
Front Lot Line
CL
Front Lot Line
LA
Front Lot Line
10,
Front Lot Line
Front Lot Line
Figure 3-6
Rear Setback Areas on Irregularly -Shaped Lots
Front Lot line
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C. Alternative setback area location. In cases where the orientation of an existing lot and
the application of the setback area are not consistent with the character or general
orientation of other lots in the vicinity, the Director may redefine the location of the front,
side, and rear setback areas to be consistent with surrounding properties. The
reorientation of setback areas is not applicable to the bluff overlay district.
D. Allowed encroachments into setback areas. Encroachments into required setback
areas are allowed in compliance with the standards in this Subsection, except as
provided Paragraph 1, below.
General regulations.
a. Setbacks on setback maps. Notwithstanding any requirements in this
Section, all setback areas identified on the setback maps shall be
regulated as front setback areas.
b. Bluff overlay. The encroachments allowed by this Subsection shall not
apply to designated bluff setback areas. Refer to Section 20.28.040 (Bluff
Overlay District) for setback regulations and encroachments.
C. Alleys. No encroachments at the ground level are allowed within the
required setback area of a lot abutting an alley. All alley setback areas
shall be clear of obstructions.
d. Waterfront areas. Allowed encroachments into required setback areas
abutting or adjacent to the waterfront of Newport Bay, the shoreline of the
Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or
the channels in West Newport shall not exceed a height of 42 inches
above the existing grade.
e. Traffic safety visibility area. See Section 20.30.130 for restrictions on
encroachments into traffic safety visibility areas.
2. Accessory structures
a. Accessory structures, including housings for mechanical equipment, not
more than 6 feet in height and totaling no more than 150 square feet per
structure, may be located within a required side or rear setback area
other than those abutting an alley.
b. Arbors, trellises, and similar garden structures may be allowed to
encroach into required front, side, and rear setback areas subject to the
following limits:
(1) The maximum footprint of the structure shall not exceed 16 square
feet; and
(2) The maximum height of the structure shall not exceed 9 feet.
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Property Development Standards
C. Display areas for new motor vehicles associated with an allowed vehicle
sales facility may encroach into a required front or street side setback
area provided a setback of at least 2 feet is maintained from the street
adjacent property line.
d. Fences, hedges, and walls may be established within required setback
areas in compliance with the requirements of Section 20.30.040 (Fences,
Hedges, Walls, and Retaining Walls).
e. Decks, landings, patios, platforms, porches, steps, and terraces, and
similar structures not more than 18 inches in height measured from the
existing grade may be located within a required side or rear setback area
other than those abutting an alley.
3. Architectural features.
a. Roof overhangs, brackets, cornices, and eaves may encroach up to 30
inches into a required front, side, or rear setback area, including required
setbacks above 24 feet, provided that no architectural feature shall
project closer than 30 inches from a side property line and a minimum
vertical clearance above grade of at least 8 feet is maintained.
b. Decorative architectural features (e.g., belt courses, ornamental
moldings, pilasters, and similar features) may encroach up to 6 inches
into a required setback area.
4. Awnings and canopies. Awnings and canopies may encroach into required
setback areas up to a maximum of 5 feet subject to the following limits.
a. Residential districts.
Front: One half the depth of the required front setback area
Side: 0 feet, except over doors up to 30 inches from property line,
maximum width shall not exceed the standard width of a door plus
12 inches
Rear: 2'/z feet
Vertical Clearance: 6% feet above grade
b. Nonresidential districts, including mixed use districts.
Front: One half the depth of the required front setback area
Side: 2 feet
Rear: One half the depth of the required rear setback area
Vertical Clearance: 8 feet above grade.
5. Balconies abutting East Ocean Front and West Ocean Front.
a. Balconies may encroach up to a maximum of 36 inches into a required
front setback area along East Ocean Front and West Ocean Front.
Balcony railings shall not exceed a maximum height of 42 inches and
shall be constructed of either transparent material (except for supports) or
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opaque material (e.g., decorative grillwork, wrought iron, latticework, or
similar open materials) so that at least 40 percent of the railing is open.
b. Balconies shall be cantilevered so that no underlying support is
necessary. Roofs over balconies shall not be allowed to encroach into
required front setback areas except as provided in Subsection
20.30.110. D.3 (Architectural features), above.
6. Bay windows and greenhouse windows. Bay windows and greenhouse
windows shall be allowed to encroach into required setback areas subject to the
following limits:
a. No more than 2 bay windows or greenhouse windows shall be allowed to
encroach into any one setback area;
b. Bay windows and greenhouse windows shall not exceed 8 feet in width or
10 feet in height within the area of encroachment;
C. Bay windows and greenhouse windows shall be cantilevered and shall be
designed to preclude use as a door or entry;
d. The exterior bottom surface of a bay window or greenhouse window shall
be elevated a minimum of 18 inches above the adjacent finished interior
floor surface at the required building setback line;
e. Encroachments into required setback areas shall be limited as follows:
TABLE 3-3
ENCROACHMENTS
Standard
Allowed
Additional Regulations
Encroachment
Front setback (4 ft. to
16 in.
less than 10 ft.):
Front setback (10 ft. or
2 ft.
more):
Side setback:
2 ft.
Limited to first floor only.
The encroachment shall be at least
24 inches from the side property
line.
Rear setback:
2 ft.
Not allowed when the rear property
line abuts an alley.
Distance between
2 ft.
detached structures:
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7. Fireplaces, barbeques, and chimneys - attached
a. Front and rear setback area. Fireplaces, barbeques, and chimneys
attached to the principal structure that are less than 9 feet in width may
encroach up to 2 feet into a required front or rear setback area that is 10
feet or greater in depth.
b. Side setback area. Fireplaces and chimneys attached to the principal
structure that are less than 9 feet in width may encroach up to 30 inches
into a required side setback area provided that the encroachment shall be
at least 30 inches from the side property line.
8. Fireplaces and barbeques - freestanding.
a. Front setback area. Freestanding fireplaces (gas only) and barbeques
with a maximum height of 42 inches (not including the barbeque hood)
shall be allowed to encroach into the required front setback area provided
the total length of the barbeque and counter does not exceed 6 feet.
b. Side and rear setback area. Freestanding fireplaces (gas only) and
barbeques with a maximum height of 6 feet shall be allowed to encroach
into the required side or rear setback area provided a minimum 36 -inch
clear path of travel is maintained adjacent to any habitable structures.
9. Garages and carports for duplexes. Where 3 parking spaces are located in
garages or carports across the rear of a lot that is less than 30 feet 10 inches
wide, one garage/carport wall or support may encroach into the side setback
area subject to the following:
a. Distance to property line. The distance from the garage wall or carport
support to the nearest side property line shall be not less than 26 inches
plus the amount that the width of the lot exceeds 30 feet. The other side
setback area shall have a clear passageway a minimum of 36 inches
wide, clear of any obstructions; and
b. Width of garage/carport. The width of each garage/carport shall not be
greater than the minimum required by Section 20.40.090 (Parking
Standards for Residential Uses).
10. Foundations, basement walls, and structural supports. Foundations,
basement walls, and their structural supports (caissons) that are located
completely below grade may encroach into a required setback area up to 12
inches, provided they are located at least 24 inches from any property line.
11. Light standards. In nonresidential zoning districts, light standards used in
conjunction with the illumination of parking lots and walkways shall be allowed to
encroach into a required setback area provided all of the requirements of Section
20.30.070 (Outdoor Lighting) are complied with.
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12. Protective Railing. Protective railings around balconies and windows required
by Municipal Code Title 15 may encroach up to 6 inches into a required setback
area.
13. Second stories abutting alleys. In residential districts having alleys to the rear
of the lot or development site, a second story may be allowed to encroach into
the required setback area subject to the following conditions and exclusions:
a. Encroachments shall not extend closer than 7.5 feet to the center of any
alley;
b. Encroachments shall not extend closer than 2.5 feet to the rear property
line;
C. That portion of the building that encroaches into the required rear setback
area shall have a minimum ground clearance of 8 feet;
d. No encroachment shall be allowed on lots having a depth exceeding 85
feet; and
e. No encroachmt shall be allowed on corner lots located at the intersection
of two 10 -foot wide alleys.
14. Shoring. Permanent or temporary shoring may encroach into a required setback
area provided it is located completely below finish grade and at least 12 inches
from any property line.
15. Swimming pools/spas. Swimming pools, spas, and other similar
devices/equipment that are placed directly upon the existing grade and are less
than 42 inches in height may be located within a required front, side, or rear
setback area other than those abutting an alley.
20.30.120 — Solid Waste and Recyclable Materials Storage
A. Purpose. This Section provides standards for the provision of solid waste (refuse) and
recyclable material storage areas in compliance with State law (California Solid Waste
Reuse and Recycling Access Act, Public Resources Code Section 42900) and Chapter
6.04 (Garbage Refuse and Cuttings) of the Municipal Code.
B. Applicability.
New developments. All new development projects requiring a Building Permit
shall provide adequate, enclosed areas with solid roofs for collecting and loading
solid waste and recyclable materials.
2. Existing developments undergoing alterations. An existing development that
is undergoing alterations, including remodeling and additional floor area shall
provide adequate, accessible, and convenient enclosed areas with solid roofs for
collecting and loading solid waste and recyclable materials in compliance with
this Section to the greatest extent possible as determined by the Director.
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C. Multi -unit projects. Multi -unit residential projects with 5 or
provide enclosed refuse and recyclable material storage
compliance with the requirements provided in Table 3-4, belov
more dwelling units shall
areas with solid roofs in
TABLE 3-4
MULTI -UNIT DEVELOPMENT
MINIMUM COMMON STORAGE AREAS REQUIRED
(SQ. FT.)
Number of
Dwelling Units
Refuse
Recycling Total Area
5-6
16
16 32
7-15
24
24 48
16-25
48
48 96
26-50
96
96 192
51-75
144
144 288
76-100
192
192 384
101-125
240
240 480
126-150
288
288 576
151-175
316
316 672
176-200
384
384 768
201+
Every additional 25 dwellings shall require an additional 100 sq. ft.
for solid waste and 100 sq. ft. for rec clables.
D. Nonresidential projects. Nonresidential projects within all zoning districts shall provide
enclosed refuse and recyclable material storage areas in compliance with the minimum
storage area requirements provided in Table 3-5, below. These requirements apply to
each individual structure. Food service uses may require additional enclosed storage
areas as determined by the review authority.
TABLE 3-5
NONRESIDENTIAL STRUCTURES
MINIMUM STORAGE AREAS REQUIRED (SQ. FT)
Structure Floor
Area SQ. FT.
Refuse Recycling Total Area
0-5,000
16
16
32
5,001-10,000
24
24
48
10,001-25,000
48
48
96
25,001-50,000
96
96
192
50,001-75,000
144
144
288
75,001-100,000
192
192
384
100,001+
Every additional 25,000 sq. ft. shall require an additional 48 sq.
ft. for solid waste and 48 sq. ft. for recyclables.
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E. Development standards for nonresidential and multi -unit projects. Solid waste
storage area(s) shall:
Comply with the dimension, capacity, and number requirements in this
Subsection and shall be adequate in distribution to serve the development
project;
2. Include an adequate number of bins and containers located within the enclosed
storage areas to allow for the collection and loading of solid waste and recyclable
materials generated by the development project;
3. Include a sign that is permanently posted or painted on each container clearly
identifying the container type and the name and telephone number of the
company responsible for maintaining the containers;
4. Be appropriately located, enclosed, have a solid roof, and be screened from
public rights-of-way and/or public property as seen from a point 6 feet above
ground level. Screening shall consist of solid masonry walls, metal gates, and
landscaping;
5. Be compatible with the surrounding structures and land uses;
6. Be properly secured to prevent access by unauthorized persons, while allowing
authorized persons access for disposal of materials;
7. Provide a concrete pad within the fenced or walled area(s) and a concrete apron,
which facilitates the handling of the individual bins or containers;
8. Protect the areas and the individual bins or containers provided within from
adverse environmental conditions that might render the collected materials
unmarketable; and
9. Comply with National Pollutant Discharge Elimination System (NPDES) and
Regional Water Quality Control Board (RWQCB) requirements.
F. Location standards for nonresidential and multi -unit projects. Refuse and
recyclable materials storage areas shall be located in the following manner:
1. Locations where recyclable materials are deposited, collected, and loaded shall
be as convenient as the locations where solid waste materials are deposited,
collected, and loaded. Wherever feasible, recycling areas shall be located
adjacent to or combined with solid waste collection areas.
2. Storage areas shall only be located:
a. Inside a specially -designated structure; and
b. Outside required setback areas, parking spaces, and required
landscaped areas.
3. Storage area(s) shall be accessible to residents and employees at all times.
Storage areas within multi -unit residential developments shall be located within
250 feet of an access doorway to the dwellings that they are intended to serve.
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4. Driveways or aisles shall provide unobstructed access for collection vehicles and
personnel and provide at least the minimum clearance required by the collection
methods and vehicles utilized by the designated collector.
5. Storage areas shall not be closer than 20 feet from doors or operable windows of
adjacent structures and property located in a residential zoning district.
G. Development and location standards for residential uses with one to four units.
Trash container storage areas shall be located out of view from public places and
shall not be located in required parking areas.
2. If trash container storage areas cannot be located out of public view they shall be
screened from public view. Screening shall consist of fences, walls, and
landscaping to a height at least 6 inches above the tops of the containers.
20.30.130 — Traffic Safety Visibility Area
A. Visibility at corners of intersections required. Corner lots in all zoning districts shall
be developed in a manner that ensures visibility across the corners of the intersecting
streets, alleys, and private driveways.
B. Traffic safety visibility area described. The traffic safety visibility area shall be
described as a triangular-shaped area on a corner lot formed by measuring the
prescribed distance from the intersection of the front and street side property lines, an
intersecting alley, or an intersecting driveway and connecting the lines diagonally across
the property making a triangular area. See Figure 3-7 below.
Figure 3-7
Traffic Safety Visibility Area
Newport Beach Zoning Code, Title 20 October 2010
Property Development Standards
20.30
C. Area of traffic safety visibility area. The dimensions of a traffic safety visibility triangle
shall be as follows and shall be subject to further review and approval of the City Traffic
Engineer:
City Standard 110-L shall apply at the intersection of public or private two street
rights-of-way and at the intersections of commercial driveways and streets;
2. 15 feet from the intersection of a public or private street right-of-way and an alley;
3. 10 feet from the intersection of two alleys, See Subsection E, below; and
4. 5 feet from the corner of an intersecting street right-of-way and a driveway.
D. Height limit. The following height limit requirements shall apply within a traffic safety
visibility area;
Fences, walls, signs, accessory structures, mounds of earth, or other visual
obstructions shall not extend above 30 inches in height as measured from
adjacent finished grade;
2. Hedges, shrubbery, and vegetation shall be maintained to a height of 24 inches
or less as measured from adjacent finished grade;
3. Only trees with single trunks are allowed and tree canopies shall be maintained
at a minimum height of 7 feet above ground level, as measured from adjacent
street curb elevation.
E. Exemptions to traffic safety visibility height limit.
Alleys. No above ground improvements (e.g., fences, walls, accessory
structures, mounds of earth, vegetation and similar items) shall be allowed within
the traffic safety visibility area required at the intersection of two alleys.
2. City Traffic Engineer approval. Improvements, structures, or vegetation that
exceed the allowed height limit for visibility in the traffic safety visibility area may
be approved by the City Traffic Engineer if it is determined that the location
and/or height of the existing or proposed hedge, shrubbery, structure, or other
obstruction allows for the unobstructed view of oncoming traffic, bicyclists, and
pedestrians by a driver approaching an intersection including those with private
driveways.
October 2010 Newport Beach Zoning Code, Title 20
20.30
Property Development Standards
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Newport Beach Zoning Code, Title 20
October 2010
Chapter 20.32 — Density Bonus
Sections
20.32.010 —
Purpose
20.32.020 —
Eligibility for Density Bonus and Incentives
20.32.030 —
Allowed Density Bonuses
20.32.040 —
Parking Requirements in Density Bonus Projects
20.32.050 —Allowed
Incentives
20.32.060 —
Incentives for Housing with Child Care Facilities
20.32.070 —
Design and Distribution of Affordable Units.
20.32.080 —
Continued Availability
20.32.090 —
Occupancy and Resale of Common Interest Units.
20.32.100 —
Affordable Housing Agreement
20.32.010 — Purpose
The purpose of this Chapter is to provide a means for granting density bonuses and incentives
in compliance with Government Code Sections 65915 through 65917 as the same may be
amended from time to time. This Chapter provides density bonuses and incentives for the
development of housing that is affordable to lower-, low-, and moderate -income households and
senior citizens. If there is a conflict between any provision and State law, State law shall control.
20.32.020 — Eligibility for Density Bonus and Incentives
In order to be eligible for a density bonus and other incentives as provided by this Chapter, a
proposed housing development shall comply with the following requirements and satisfy all
other applicable provisions of this Zoning Code, except as otherwise provided by this Chapter.
A. Eligibility requirements. A housing development proposed to qualify for a density
bonus shall contain 5 or more dwelling units and shall include at least one of the
following:
A minimum of 5 percent of the total number of proposed units are for very low-
income households;
2. A minimum of 10 percent of the total number of proposed units are for low-
income households;
3. A senior citizen housing development or a mobile home park that limits residency
based on age requirements for housing older persons in compliance with Civil
Code Sections 798.76 or 799.5; or
4. A minimum of 10 percent of the total dwelling units in a common interest
development as defined in Civil Code Section 1351 are for persons and families
of moderate income provided that all units in the development are offered to the
public for purchase.
October 2010 Newport Beach Zoning Code, Title 20
20.32
Density Bonus
B. Condominium conversion projects. A condominium conversion project for which a
density bonus is requested shall satisfy the eligibility requirements set forth in
Government Code Section 65915.5.
C. Units not eligible for bonuses or incentives. When affordable housing is required to
be provided under the provisions of Municipal Code Title 19 the number of units required
to be provided under Title 19 shall not count towards the number of units necessary to
qualify for a density bonus under the provisions of this Chapter.
20.32.030 — Allowed Density Bonuses
A. Amount of density bonus. A housing development that complies with the eligibility
requirements of Section 20.32.030, above, shall be entitled to density bonuses as
follows, unless a lesser percentage is proposed by the applicant.
Bonus for units for very low-income households. A housing development
that is eligible for a bonus in compliance with the criteria in Subsection
20.32.020.A.1 (5 percent of units for very low-income households) shall be
entitled to a density bonus calculated as follows.
TABLE 3-6
VERY LOW-INCOME
Percentage of Base Density Bonus Percentage
Units Proposed
5
20
6
22.5
7
25
8
27.5
9
30
10
32.5
11
35
2. Bonus for units for low-income households. A housing development that is
eligible for a bonus in compliance with the criteria in Subsection 20.32.020.A.2
(10 percent of units for low-income households) shall be entitled to a density
bonus calculated as follows.
Newport Beach Zoning Code, Title 20 October 2010
Density Bonus
TABLE 3-7
LOW-INCOME
Percentage of Base Density Bonus Percentage
Units Proposed
10
20
11
21.5
12
23
13
24.5
14
26
15
27.5
17
30.5
18
32
19
33.5
20
35
20.32
3. Bonus for moderate income units in common interest development. A
housing development that is eligible for a bonus in compliance with the criteria in
Subsection 20.32.020.A.4 (10 percent of units in a common interest development
for persons and families of moderate -income) shall be entitled to a density bonus
calculated as follows.
October 2010 Newport Beach Zoning Code, Title 20
20.32
Density Bonus
TABLE 3-8
MODERATE -INCOME
Percentage of Base Density Bonus Percentage
Units Proposed
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
39
34
40
35
Newport Beach Zoning Code, Title 20 October 2010
Density Bonus
20.32
4. Bonus for senior citizen housing development. A housing development that
is eligible for a bonus in compliance with the criteria in Subsection 20.32.020.A.3
(senior citizen development or mobile home park) shall be entitled to a density
bonus of 20 percent of the number of senior housing units..
5. Bonus for land donation. When an applicant for a residential development
agrees to donate land to the City for very low-income households, the applicant
shall be entitled to a density bonus for the entire market rate development,
provided that nothing in this Subsection shall be construed to affect the authority
of the City to require a developer to donate land as a condition of development.
a. Bonus. The applicant shall be entitled to an increase above the
maximum allowed residential density under the General Plan Land Use
Element and zoning designation for the entire market rate development
as follows.
TABLE 3-9
VERY LOW-INCOME
Percentage of Base Density Bonus Percentage
Units Proposed
10
15
11
16
12
17
13
18
14
19
15
20
16
21
17
22
18
23
19
24
20
25
21
26
22
27
23
28
24
29
25
30
26
31
27
32
28
33
October 2010 Newport Beach Zoning Code, Title 20
20.32
Density Bonus
Percentage of Base
Units Proposed
Density Bonus Percentage
29
34
30
35
b. Eligibility for land donations. An applicant shall be eligible for a density
bonus if all of the following conditions are met ;
(1) The applicant donates and transfers the land no later than the
date of approval of the final subdivision map, parcel map, or
residential development application;
(2) The developable acreage and zoning classification of the land
being donated are sufficient to permit construction of units in an
amount not less than 10 percent of the number of market rate
units of the proposed development;
(3) The donated land is at least one acre, or of sufficient size to
permit development of at least 40 units, has the appropriate
General Plan designation, is appropriately zoned with standards
for development at the density described in Government Code
Section 65583.2.c.3 and is or will be served by adequate public
facilities and infrastructure. The land shall have appropriate
zoning and development standards to make the development of
the affordable units feasible;
(4) No later than the date of approval of the market rate residential
development, the donated land shall have all of the discretionary
permits and approvals, other than Building Permits, necessary for
the development;
(5) The donated land and the affordable units shall be restricted to
very low-income households and subject to a deed restriction
ensuring continued affordability of the units consistent with
Section 20.32.080 (Continued Availability), below, which shall be
recorded on the property at the time of dedication;
(6) The land is donated to the City or to a housing developer
approved by the City; and
(7) The donated land shall be within the boundary of the proposed
development or, if the City agrees, within one quarter mile of the
boundary of the proposed market rate development.
(8) A proposed source of funding for the very low-income units shall
be identified not later than the date of approval of the final
subdivision map, parcel map, or residential development
application.
- J Newport Beach Zoning Code, Title 20 October 2010
Density Bonus
20.32
6. Density bonus for affordable units and land. The increase in the Table 3-9
(Low-income), above, shall be in addition to any increase in density required by
Subsections A.1 through A.4 (above), up to a maximum combined mandated
density increase of 35 percent if an applicant seeks both the increase required in
compliance with this Subsection as well as the bonuses provided by Subsections
A.1 through A.4, above.
B. Density bonus calculations.
Fractional units. The calculation of a density bonus in compliance with this
Section that results in fractional units shall be rounded up to the next whole
number, as required by State law.
2. Mixed income development. If the applicant desires to develop a density bonus
project available to a mix of income levels, the Director shall determine the
amount of density bonus to be granted up to a maximum of 35 percent.
C. Requirements for amendments or discretionary approval. The granting of a density
bonus shall not be interpreted to require a General Plan amendment, Zoning Map
amendment, or other discretionary approval.
20.32.040 — Parking Requirements in Density Bonus Projects
A. Applicability. This Section applies to a development that meets the requirements of
Section 20.32.020 (Eligibility for Density Bonus and Incentives), above, but only at the
request of the applicant. An applicant may request additional parking incentives beyond
those provided in this Section in compliance with Section 20.32.050 (Allowed
Incentives), below.
B. Number of parking spaces required.
At the request of the applicant, the City shall require the following vehicular
parking ratios for a project that complies with the requirements of Section
20.32.020 (Eligibility for Density Bonus and Incentives), above, inclusive of
handicapped and guest parking:
a. Zero to one bedroom: One on-site parking space per unit; or
Two or more bedrooms: Two on-site parking spaces per unit
2. If the total number of parking spaces required for a development is other than a
whole number, the number shall be rounded up to the next whole number.
C. Location of parking. For purposes of this Section, a development may provide on-site
parking through uncovered or tandem parking, but not through on -street parking.
October 2010 Newport Beach Zoning Code, Title 20
20.32 Density Bonus
20.32.050 — Allowed Incentives
A. Applicant request and City approval. An applicant for a density bonus may also
submit a proposal that includes any of the incentives listed in Subsection C. (Types of
incentives), below. The applicant shall file the request concurrently with the application
for project approval. The applicant shall show that an incentive is necessary to make the
housing units economically feasible. When an applicant makes a request for an
incentive, the Council shall grant the request unless either of the following findings is
made, based on substantial evidence:
The incentive is not required in order to provide affordable housing costs as
defined in Health and Safety Code Section 50052.5, or for rents for the targeted
units to be set as specified in Section 20.32.080.B. (Affordable cost), below;
2. The incentive would have a specific adverse impact, as defined in Government
Code Section 65589.5(d)(2), upon public health and safety or the physical
environment, or on any real property listed in the California Register of Historical
Resources and for which there is no feasible method to satisfactorily mitigate or
avoid the specific adverse impact without rendering the development
unaffordable to low and moderate income households; or
3. The incentive would be contrary to State or federal law.
B. Number of incentives. The Council shall grant the following number of incentives,
except as provided in Subsection A, above.
One incentive. One incentive for a project that includes at least 10 percent of
the total units for low income households, at least 5 percent for very low income
households, or at least 10 percent for persons and families of moderate income
in a common interest development.
2. Two incentives. Two incentives for a project that includes at least 20 percent of
the total units for low income households, at least 10 percent for very low income
households, or at least 20 percent for persons and families of moderate income
in a common interest development.
3. Three incentives. Three incentives for a project that includes at least 30
percent of the total units for low income households, at least 15 percent for very
low income households, or at least 30 percent for persons and families of
moderate income in a common interest development.
C. Type of incentives. For the purposes of this Chapter, incentive means any of the
following:
A reduction in the site development standards (e.g., site coverage, setbacks,
increase height up to the maximum allowed, reduced lot sizes, and/or parking
requirements (see also Section 20.32.040 [Parking Requirements in Density
Bonus Projects]), or architectural design requirements that exceed the minimum
building standards approved by the California Building Standards Commission in
compliance with Health and Safety Code Section 18901 et seq., that would
otherwise be required, that results in identifiable, financially sufficient, and actual
cost reductions;
Newport Beach Zoning Code, Title 20 October 2010
Density Bonus
20.32
2. Approval of mixed-use zoning in conjunction with the housing development, if
nonresidential land uses will reduce the cost of the housing development, and
the nonresidential land uses are compatible with the housing project and the
existing or planned development in the area where the project will be located;
3. Other regulatory incentives proposed by the applicant or the City that will result in
identifiable, financially sufficient, and actual cost reductions; and/or
4. A direct financial contribution granted by the Council, at its sole discretion.
D. Effect of incentive. The granting of an incentive shall not be interpreted to require a
General Plan amendment, Zoning Map amendment, or other discretionary approval.
20.32.060 — Incentives for Housing with Child Care Facilities
A residential development that complies with the income requirements of Subsections
20.32.020.A, and B, above, and also includes a child care facility, other than a large or small
family day care home, that will be located on the same site as the development, shall be eligible
for the following incentives in addition to the incentives provided for the affordable housing.
A. Incentives. The City shall grant a housing development that includes a child care
facility either of the following incentives:
An amount of residential floor area equal to or greater than the floor area of the
child care facility; or
2. An incentive that contributes to the economic feasibility of the child care facility
(e.g., reduction of development standards, reduced parking requirements,
monetary contribution) as provided in Subsection 20.32.050.C, above.
B. Requirements to qualify for incentives. The City shall require, as a condition of
approving the housing development, that:
The child care facility shall remain in operation for a period of time that is as long
as or longer than the period of time during which the density bonus units are
required to remain affordable in compliance with Section 20.32.080 (Continued
Availability), below; and
2. Of the children who attend the child care facility, the children of very low income
households, low income households, or families of moderate income shall equal
a percentage that is equal to or greater than the percentage of dwelling units that
are required for very low income households, lower income households, or
families of moderate income in compliance with Subsection 20.30.020.A
(Eligibility requirements), above.
C. Incentive not required. The City shall not be required to provide a density bonus for a
child care facility if it finds, based upon substantial evidence, that the community has
adequate child care facilities.
October 2010 Newport Beach Zoning Code, Title 20
20.32
20.32.070 — Design and Distribution of Affordable Units.
Density Bonus
Affordable units shall be designed and distributed within the residential development as follows:
A. Number of bedrooms. Affordable units shall reflect the range of numbers of bedrooms
provided in the residential development project as a whole;
B. Comparable quality and facilities. Affordable units shall be comparable in the facilities
provided (e.g., laundry, recreation, etc.) and in the quality of construction and exterior
design to the market -rate units;
C. Size. Affordable units may be smaller and have different interior finishes and features
than the market -rate units; and
D. Location. Affordable units shall be dispersed throughout the residential development,
unless clustering is allowed by the review authority.
20.32.080 — Continued Availability
The units that qualified the housing development for a density bonus and other incentives shall
continue to be available as affordable units in compliance with the following requirements as
required by Government Code Section 659158). See also Section 20.32.090 (Occupancy and
Resale of Common Interest Units).
A. Duration of affordability. The applicant shall agree to and the City shall ensure the
continued availability of the units that qualified the housing development for a density
bonus and other incentives. The continued affordability of all very low- and low-income
qualifying units shall be maintained for 30 years, or a longer time if required by the
construction or mortgage financing assistance program, mortgage insurance program, or
rental subsidy program.
B. Affordable costs. The rents and owner -occupied costs charged for the housing units
shall not exceed the following amounts during the period of continued availability
required by this Section:
Rental units. Rents for density bonus units shall be set at an affordable rent as
defined in Health and Safety Code Section 50053; and
2. Owner -occupied units. Owner -occupied units shall be available at an
affordable housing cost as defined in Health and Safety Code Section 50052.5.
20.32.090 — Occupancy and Resale of Common Interest Units.
A. Occupancy. An applicant shall agree to, and the City shall ensure that the initial
occupants of moderate income units that are directly related to the receipt of the
common interest density bonus are persons and families of moderate income and that
the units are offered at an affordable housing cost, as provided in this Chapter.
Newport Beach Zoning Code, Title 20 October 2010
Density Bonus 20.32
B. Resale. The City shall enforce an equity sharing agreement for the resale of affordable
common interest units, unless it would be in conflict with the requirements of another
public funding source or law. The following requirements apply to the equity sharing
agreement:
1. Upon resale, the seller of the unit shall retain the value of any improvements, the
down payment, and the seller's proportionate share of appreciation; and
2. The City shall recapture any initial subsidy and its proportionate share of
appreciation, which shall then be used within 5 years for any of the purposes
described in Health and Safety Code Section 33334.2(e) that promote home
ownership. For the purposes of this Section:
a. The City's initial subsidy shall be equal to the fair market value of the
home at the time of initial sale, minus the initial sale price, plus the
amount of any down payment assistance or mortgage assistance. If upon
resale the market value is lower than the initial market value, then the
value at the time of the resale shall be used as the initial market value;
b. The City's proportionate share of appreciation shall be equal to the ratio
of the initial subsidy to the fair market value of the home at the time of
initial sale; and
C. The initial subsidy shall include any incentives granted by the City and
shall be equal to the monetary equivalent of the incentives.
20.32.100 — Affordable Housing Agreement
An affordable housing agreement shall be executed in a recordable form prior to the issuance of
a Building Permit for any portion of a residential development project subject to the
requirements of this Chapter. The form of the agreement shall be similar in content to the
agreement specified in Section 20.34.100 (Affordable Housing Agreement) and as required by
the City Attorney.
October 2010 Newport Beach Zoning Code, Title 20
20.32
Density Bonus
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Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.34 - Conversion or Demolition of Affordable Housing
Sections:
20.34.010 — Purpose
20.34.020 — Applicability
20.34.030 — Exemptions
20.34.040 — Review Authority
20.34.050 — Replacement of Affordable Housing
20.34.060 — Determining Requirements for Replacement Units.
20.34.070 — Feasibility Analysis.
20.34.080 — Administration and Feasibility Analysis Fees
20.34.090 — Findings to Conclude that Replacement of Units is Not Feasible.
20.34.100 — Affordable Housing Agreement
20.34.010 — Purpose
The purpose of this Chapter is to:
A. Be consistent with and implement the provisions of the Mello Act (Government Code
Section 65590); and
B. Maintain the number of low- and moderate -income dwelling units within the coastal
zone.
20.34.020 — Applicability
The provisions of this Chapter shall apply to the conversion or demolition of existing residential
dwelling units within the coastal zone occupied by persons or families of low- or moderate -
income ("affordable units"), as defined in Health and Safety Code Section 50093, when either of
the following occurs:
A. The conversion or demolition of 11 or more dwelling units located in 2 or more
structures; or
B. The conversion or demolition of 3 or more dwelling units located in one structure.
20.34.030 — Exemptions
The provisions of this Chapter shall not apply to the following:
A. Demolition of a public nuisance. The demolition of a residential structure that has
been declared a public nuisance in compliance with the provisions of Health and Safety
Code Division 13 (commencing with Section 17000) or any City ordinance enacted
pursuant to those provisions shall be exempt from the provisions of this Chapter. For
purposes of this Chapter, no structure, which conforms to the standards that were
applicable at the time the structure was constructed and that does not constitute a
substandard structure, as provided in Section 17920.3 of the Health and Safety Code,
shall be deemed to be a public nuisance solely because the structure does not conform
to one or more of the current provisions of Municipal Code Title 15;
October 2010 Newport Beach Zoning Code, Title 20
20.34 Conversion or Demolition of Affordable Housing
B. Replacement with a coastal dependent use. The conversion or demolition of a
residential structure for purposes of a nonresidential use that is either "coastal
dependent," as defined in Public Resources Code Section 30101, or "coastal related," as
defined in Public Resources Code Section 30101.3; or
C. Land availability. The conversion or demolition of a residential structure when there are
less than 50 acres, in aggregate, of privately owned, vacant land available for residential
use within the City's coastal zone or within 3 miles inland of the coastal zone.
20.34.040 — Review Authority
A. Director. The administration of this Chapter shall be delegated to the Director and shall
comply with the Mello Act, as it may be amended from time to time.
B. Determination. The Director shall make a determination as to the applicability of this
Chapter when a residential structure is to be converted or demolished. If applicable and
based on the documentation provided in compliance with Section 20.34.060, below, the
Director shall make determinations as to:
How many units were occupied by low- and moderate -income persons or
families;
2. Whether the conversion or demolition proposes to go from residential to
nonresidential and if so whether the proposed new use is costal dependent;
3. Whether a feasibility analysis is required to be prepared;
4. The feasible number of affordable units required to be replaced, if any; and
5. Whether the required replacement affordable units are to be located on-site or
off-site.
C. Referral to Commission. The Director may defer action and refer a determination to
the Commission for a decision on any of the matters outlined in Subsection B, above.
D. Administrative act. Determinations made by the Director under the provisions of this
Chapter are an administrative function. The determinations made by the Director for the
purpose of complying with the purpose of this Chapter shall not be construed as
amendments to this Zoning Code.
20.34.050 — Replacement of Affordable Housing
A. One for one replacement. If the Director determines that the proposed conversion or
demolition activities involve affordable dwelling units, replacement of the affordable
dwelling units shall be provided on a one for one basis, unless the Director determines
that replacement is not feasible.
B. Location of replacement units. Replacement dwelling units shall be located on the
site of the converted or demolished structure(s) or elsewhere within the coastal zone if
feasible. If location on the site or elsewhere within the coastal zone is not feasible, the
replacement units shall be located within 3 miles of the coastal zone.
Newport Beach Zoning Code, Title 20 October 2010
Conversion or Demolition of Affordable Housing
C. Period of affordability.
20.34
1. Restricted units. Affordable dwelling units that were previously required to be
restricted to low- or moderate -income persons or families because of an existing
affordable housing agreement that are required to be replaced in compliance with
the requirements of this Chapter shall remain affordable for the duration of time
remaining on the existing affordable housing agreement.
2. Nonrestricted units. Affordable dwelling units that were not previously required
to be restricted to low- or moderate -income persons or families through an
existing affordable housing agreement, but are now required to be provided in
compliance with this Chapter shall remain affordable for a minimum of 30 years.
20.34.060 — Determining Requirements for Replacement Units.
A. Required documentation. The property's affordability status shall be documented by
the Department. Affordability is measured by the income level of all current tenants. This
information, along with information provided by the current tenants to the Department,
will be used to determine if affordable dwelling units currently exist and the need to
replace those units in compliance with the requirements of this Chapter.
B. Information to be provided.
In order to make a determination of a property's affordability status, the applicant
shall provide the following information regarding the subject property:
a. Address of the property;
Total number of existing units;
C. Income of the tenants;
d. Square footage and number of bedrooms per unit;
e. Names and addresses of current tenants;
Tenant family size in each unit;
g. Information on any evictions within the last year; and
Whether there are currently any vacant units and how long they have
been vacant.
2. In addition to the information provided by the applicant, the Department shall
document information regarding the income status and household size of current
tenants.
C. Eviction of tenants.
For purposes of this Chapter, a residential dwelling unit shall be deemed
occupied by a person or family of low- or moderate -income if the person or family
was evicted from the subject dwelling unit within one year prior to the filing of an
October 2010 Newport Beach Zoning Code, Title 20 -
20.34
Conversion or Demolition of Affordable Housing
application to convert or demolish the unit and if the eviction was for the purpose
of avoiding the requirements of this Chapter.
2. If a substantial number of persons or families of low- or moderate -income were
evicted from the subject residential structure within one year prior to the filing of
an application to convert or demolish that structure, the evictions shall be
presumed to have been for the purpose of avoiding the requirements of this
Chapter and the applicant for the conversion or demolition shall bear the burden
of proving that the evictions were not for the purpose of avoiding the
requirements of this Chapter.
D. Residential use not feasible. If the conversion or demolition of a residential structure
is for the purpose of replacement by a nonresidential use that is not "coastal dependent,"
and the Director has determined that a residential use is no longer feasible in that
location the Director shall require replacement of any dwelling units occupied by persons
and families of low- or moderate -income.
20.34.070 — Feasibility Analysis.
A. Feasibility analysis required.
If the applicant claims that it is not feasible to provide affordable replacement
dwelling units an independent feasibility analysis shall be prepared prior to any
approvals being granted for the proposed project.
2. The test of feasibility shall be conducted using the income levels contained in the
General Plan, Housing Element.
B. Feasibility of replacing affordable units.
"Feasible" means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, social,
and technical factors.
2. If the feasibility analysis determines that it is not feasible to replace the affordable
units, the analysis shall provide an explanation of why it is not feasible, including
the provision of the units both on-site and off-site.
C. Feasibility analysis preparation. The feasibility analysis shall be prepared by an
independent firm under the direction of the Department. The selected firm shall have
prior experience in the preparation of real estate feasibility analysis and shall provide an
unbiased, neutral opinion as to the feasibility of complying with the requirements of this
Chapter.
20.34.080 — Administration and Feasibility Analysis Fees
A. Administration fee. An application to convert or demolish residential units in the
coastal zone shall be accompanied by an administration fee in compliance with the
City's Master Fee Schedule.
J Newport Beach Zoning Code, Title 20 October 2010
Conversion or Demolition of Affordable Housing
20.34
B. Feasibility analysis processing fee. If a feasibility analysis is required in compliance
with Section 20.34.070 (Feasibility Analysis), the total cost of the analysis plus a
feasibility analysis processing fee shall also be paid. The feasibility analysis processing
fee shall be a percentage of the total feasibility analysis cost and shall be used to cover
the cost of processing the feasibility analysis.
20.34.090 — Findings to Conclude that Replacement of Units is Not Feasible.
A. In order to conclude that the replacement of affordable dwelling units is not feasible the
review authority shall first find all of the following:
B. The feasibility analysis was prepared in a professional and appropriate manner, and the
facts and information presented in the feasibility analysis are accurate to the best of the
review authority's knowledge; and
C. The feasibility analysis concluded that the provision of affordable housing as required by
this Chapter and the Mello Act (Government Code Section 65590) is not feasible.
20.34.100 — Affordable Housing Agreement
An affordable housing agreement shall be executed in a recordable form prior to the issuance of
a Building Permit for any portion of a residential development project subject to the
requirements of this Chapter.
A. Form of agreement. The form of the agreement shall be similar in content to the
agreement specified in Section 20.34.100 (Affordable Housing Agreement) and as
required by the City Attorney.
B. Period of affordability. The agreement shall provide that the required affordable
dwelling units remain affordable for a minimum of 30 years.
C. Availability of affordable units. The agreement shall provide that the replacement
dwelling units be available for occupancy within 3 years from the date work commenced
on the conversion or demolition of the existing dwelling units.
October 2010 Newport Beach Zoning Code, Title 20
20.34
Conversion or Demolition of Affordable Housing
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Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.36 — Landscaping Standards
Sections:
20.36.010 — Purpose
20.36.020 — Applicability
20.36.030 — Exempt Projects.
20.36.040 — Alternatives to Requirements.
20.36.050 — General Landscape Standards
20.36.060 — Landscape and Irrigation Plans
20.36.070 — Landscape and Irrigation Plan Standards.
20.36.010 — Purpose
This Chapter establishes requirements and standards for landscaping to enhance the
appearance of development projects, reduce heat and glare, control soil erosion, conserve
water, screen potentially incompatible land uses, preserve the integrity of neighborhoods,
improve air and water quality, and protect pedestrian and vehicular traffic and safety.
20.36.020 — Applicability
A. New projects. New nonresidential projects and new multi -unit residential projects shall
provide landscaping in compliance with this Chapter.
B. Existing development. When alterations or expansions to existing nonresidential
developments are proposed, the applicant shall comply with the requirements of this
Chapter to the greatest extent feasible, as determined by the Director. The approval of a
discretionary application for alterations or expansions to an existing nonresidential
development may include conditions of approval requiring compliance with the
requirements of this Chapter. This Chapter does not apply to changes of use or interior
tenant improvements that do not require discretionary approval.
C. Municipal Code requirements. In addition to the requirements of this Chapter the
requirements of Municipal Code Chapter 14.17 (Water -Efficient Landscaping) shall also
apply.
D. Timing of installation. Required landscape and irrigation improvements shall be
installed before issuance of a certificate of occupancy.
20.36.030 — Exempt Projects.
This Chapter shall not apply to:
A. Single -unit and two -unit projects, except as provided in Subsection 20.38.050 A
(Impervious surfaces in R-1 and R-2 zoning districts;
B. Registered historical sites; and
C. Ecological restoration projects.
October 2010 Newport Beach Zoning Code, Title 20
20.36
20.36.040 — Alternatives to Requirements.
Landscaping Standards
The review authority may modify the standards of this Chapter to accommodate alternatives to
required landscape materials or methods when the review authority determines that the
proposed alternative would be equally or more effective in achieving the purposes of this
Chapter.
20.36.050 — General Landscape Standards
A. Impervious surfaces in R-1 and R-2 zones.
Impervious surface areas, excluding driveways, shall not exceed 50 percent of
the front yard area with the remaining area landscaped with plant material. The
use of pervious materials for walkways, porches, and outdoor living areas is
allowed.
2. Where the typical neighborhood pattern of front yards has been developed with
hardscaped outdoor living areas that exceed the 50 percent maximum for
impervious surfaces the Director may waive this requirement.
B. Safety requirements. Landscape materials shall be located so that at maturity they do
not:
Interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic in
compliance with Section 20.30.130 (Traffic Safety Visibility Area);
2. Conflict with overhead utility lines, overhead lights, or walkway lights; or
3. Block roadways, pedestrian access, or bicycle ways.
C. Maintenance.
1. Landscape materials and landscaped areas shall be maintained in compliance
with an approved landscape plan.
2. Landscaped areas shall be maintained in a healthy and growing condition and
shall receive regular pruning, fertilizing, mowing and trimming.
3. Landscaped areas shall be kept free of weeds, debris, and other undesirable
materials..
4. Irrigation systems shall be kept in good operating condition, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
Adjustments to eliminate overspray or runoff shall be made on a regular basis.
5. Landscape materials and landscaped areas shall be maintained to minimize
impacts to public viewsheds to the greatest extent feasible.
D. Water waste prohibited. Water waste resulting from an inefficient irrigation system
leading to excessive runoff, low head drainage, overspray, and other similar conditions
where water flows onto adjacent property, non -irrigated areas, walks, roadways, or
structures is prohibited.
Newport Beach Zoning Code, Title 20 October 2010
Landscaping Standards
20.36
20.36.060 — Landscape and Irrigation Plans
A. Plans required. A landscape and irrigation plan shall be submitted as part of the
application for a Zoning Clearance or discretionary application approval except for
single -unit and two -unit developments.
B. Content and preparation.
1. Required information. Landscape plans shall contain the information required
by the Department.
2. Preparation by qualified professional. Landscape plans shall be prepared by
California licensed landscape architects, licensed landscape contractors, certified
nurserymen, project architects, or other professionals determined by the
Department to be qualified.
C. Review and approval. The review authority shall review each landscape plan to verify
its compliance with the provisions of this Chapter.
D. Statement of surety. When required by the review authority a performance guarantee
security in the form of cash, performance bond, letter of credit, or instrument of credit in
an amount equal to 100 percent of the total value of all plant materials, irrigation,
installation and maintenance shall be posted with the City.
E. Changes to approved landscape plans. The Director may authorize minor changes to
an approved landscape plan that do not affect the theme or character established for the
project , or other provisions required by this Chapter..
F. Certification of landscape completion. The completion of required landscaping and
irrigation improvements shall be certified by the preparer of the landscape and irrigation
plan through a signed statement submitted to the Director.
20.36.070 — Landscape and Irrigation Plan Standards.
A. Landscape design. The required landscape plan shall be designed to integrate all
elements of the project (i.e., structures, parking lots, streets, and other elements),
enhance the aesthetic quality of the site, and minimize water and energy demands.
B. Landscape location requirements. Landscaping shall be provided in all areas of a site
as follows.
1. Setbacks, open areas, and easements. All setback and open space areas
required by this Zoning Code shall be landscaped, except where they are to be
retained and maintained in their natural state and the review authority determines
that landscaping is not necessary to achieve the purposes of this Chapter.
2. Unused areas. All areas of a project site not intended for a specific use,
including a commercial pad site intended for future development, shall be
landscaped unless retained and maintained in their natural state and the review
authority determines that landscaping is not necessary to achieve the purposes
of this Chapter.
October 2010 Newport Beach Zoning Code, Title 20
20.36
Landscaping Standards
3. Parking areas. Parking areas shall be landscaped as outlined in Section
20.40.070 (Development Standards for Parking Areas).
C. Plant material.
1. Variety. Landscaping shall include trees, shrubs, and ground covers.
2. Quality. Plant materials shall conform to or exceed the plant quality standards of
the latest edition of American Standard for Nursery Stock published by the
American Association of Nurserymen, or the equivalent.
3. Size at time of planting. Plant materials shall be sized and spaced to achieve
immediate effect and shall be a mixture of 15 -gallon, 24 inch box, and 36 inch
box containers for trees, minimum 5 -gallon container for shrubs, and 6 -inch pots
for mass planting, unless otherwise required or approved by the review authority.
D. Plant selection and grouping. Plant materials shall be selected for low water demand
and drought tolerance; adaptability and relationship to the Newport Beach environment,
and the geological and topographical conditions of the site; color, form, and pattern;
ability to provide shade; and soil retention capability.
1. Drought tolerant species. Landscape designs shall emphasize the use of
drought tolerant plant species (Xeriscape).
2. Invasive plant species. Invasive plants are generally those identified by the
California Invasive Plant Council and California Native Plant Society in their
publications. The planting of invasive species shall be prohibited in the following
areas:
a. Sensitive habitat areas, and;
b. Sites where a biological survey has identified significant natural habitat.
3. Deciduous trees. Landscape designs shall maximize the use of deciduous
trees.
4. Grouping of plants. Plants having similar water use requirements shall be
grouped together in distinct hydrozones.
E. Minimum dimensions. Each area of landscaping shall have a minimum interior width
of 3 feet for shrubs and groundcover and 4 feet for trees.
F. Soil conditioning and mulching. Soil shall be prepared and/or amended to be suitable
for the landscape material to be installed.
G. Irrigation system requirements.
1. All landscaped areas, except those intentionally maintained with native plants,
shall include an automatic irrigation system.
Newport Beach Zoning Code, Title 20 October 2010
Landscaping Standards
20.36
2. Water -efficient systems (e.g., drip, mini -spray, bubbler -type, or similar drip
systems) shall be used whenever feasible. Low -flow sprinkler heads with
matched precipitation rates shall be used when spray or rotor -type heads are
specified for watering shrubs and ground cover areas.
3. Multi -program controllers with separated valves and circuits shall be used when
the project contains more than one type of landscape treatment (e.g., lawn,
ground cover, shrub, tree areas), or a variety of solar aspects.
4. Soil moisture -sensing devices and rain sensors shall be used on projects with
more than 1,000 square feet of landscaped area. The use of satellite based
controllers is encouraged.
5. The review authority may require soil moisture -sensing devices and rain sensors
for any project.
6. Watering shall be scheduled at times of minimal wind conflict and evaporation
loss.
7. Sprinkler heads shall have matched precipitation rates within each valve zone.
8. Check valves are required where elevation differential may cause low head
drainage.
9. Overspray or run-off onto paved areas is prohibited.
October 2010 Newport Beach Zoning Code, Title 20
20.36
Landscaping Standards
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Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.38 — Nonconforming Uses and Structures
Sections:
20.38.010
— Purpose
20.38.020 — Applicability
20.38.030
— Determination of Nonconformity
20.38.040
— Nonconforming Structures
20.38.050
— Nonconforming Uses
20.38.060
— Nonconforming Parking
20.38.070
— Landmark Structures
20.38.080
— Repair of Damaged or Partially Destroyed Nonconformities
20.38.090 — Termination of Nonconforming Status
20.38.100
—Abatement Periods
20.38.010 — Purpose
This Chapter establishes procedures for the continuation and maintenance of existing uses and
structures, except signs, that do not conform to the provisions of this Zoning Code and for the
abatement of those uses that may adversely affect the general welfare of persons and property.
Refer to Section 20.42.140 (Nonconforming Signs) for regulations pertaining to nonconforming
signs. The purpose of this Chapter is to:
A. Establish procedures and criteria for the continuation, maintenance, and expansion of
specific nonconforming uses and structures;
B. Encourage nonconforming uses and structures to become more conforming over time;
C. Reduce the number of nonconforming uses by prohibiting their reestablishment after
abandonment; and
D. Phase out nonconforming uses in residential zoning districts in compliance with the
abatement periods established in this Chapter without infringing upon vested property
rights.
20.38.020 — Applicability
A. Legally established uses and structures. The provisions of this Chapter shall apply to
all legally established uses and structures that become nonconforming due to
reclassification, ordinance changes, or annexations.
B. Exemptions. A structure that was legally constructed prior to (insert date of code
adoption) shall be exempt from the limitations identified in Subsection 20.38.040.6.1
unless the structure is nonconforming because it does not comply with the required
setbacks.
October 2010 Newport Beach Zoning Code, Title 20
20.38
20.38.030 — Determination of Nonconformity
Nonconforming Uses and Structures
A. Director's determination. The Director shall determine the nonconforming conditions of
land uses and structures.
B. Nonconforming use. Any use determined to have been lawfully established and
maintained, but that does not conform to the use regulations or required conditions for
the zoning district in which it is located by reason of adoption or amendment of this
Zoning Code or by reason of annexation of territory to the City, shall be deemed to be a
nonconforming use.
A nonconforming use includes a use that was lawfully established and
maintained, but is now conditionally allowed, and has not obtained a Conditional
Use Permit or Minor Use Permit.
2. A use shall not be considered to have been "lawfully established and maintained"
and is an illegal use if it was established or operated without required permits
and licenses, including permits and licenses required by any Federal, State, or
local government agency.
C. Nonconforming structure. Any structure that was lawfully erected, but that does not
conform with the development standards for the zoning district in which it is located by
reason of adoption or amendment of this Zoning Code or by reason of annexation of
territory to the City, shall be deemed to be a legal nonconforming structure. A structure,
or any portion of a structure, shall not be considered to have been "lawfully erected" and
is illegal if it was constructed without required permits, or was constructed inconsistent
with approved plans for a required permit, including permits required by any Federal,
State, or local government agency.
D. Responsibility of owner. When a use or structure does not conform with the applicable
use regulations or property development standards for the zoning district in which it is
located, it shall be the responsibility of the owner to provide evidence that the use or
structure was lawfully established, erected, and maintained and is nonconforming by
reason of adoption or amendment of this Zoning Code or by reason of annexation of
territory to the City.
E. Illegal use or structure. A use or structure that was not lawfully established, erected, or
maintained is contrary to the provisions of this Zoning Code and the City may commence
proceedings for the abatement and removal of the use or structure in compliance with
the provisions of Chapter 20.68 (Enforcement).
20.38.040 — Nonconforming Structures
Nonconforming structures may be maintained, altered, or added on to only in compliance with
the provisions of this Section.
A. Maintenance and repairs. Routine maintenance and repairs may be made to
nonconforming principal and accessory structures.
B. Nonstructural alterations. Changes to interior partitions or other nonstructural
improvements may be made to nonconforming principal structures, but shall not be
made to accessory structures.
j Newport Beach Zoning Code, Title 20 October 2010
Nonconforming Uses and Structures 20.38
C. Structural alterations. Structural elements, with the exception of foundations of
nonconforming principal structures (see Subsection D, below), may be modified,
repaired, or replaced. Structural alteration of nonconforming accessory structures is not
allowed.
D. Foundation alterations. Maintenance and repairs may be made to foundations of
nonconforming principal structures. For any alterations beyond routine repair or
maintenance, the nonconforming structure shall be required to be brought into
compliance with all applicable standards and regulations of this Zoning Code, except as
provided in Subsection F, below. Alterations to nonconforming accessory structures shall
not be allowed. A foundation of a nonconforming principal structure may be modified,
retrofitted, or replaced when necessary and in conjunction with additions allowed in
compliance with Subsections 20.38.040 G and 20.38.060 A, below.
E. Seismic retrofits. Alterations to nonconforming structures due to seismic retrofitting
requirements are allowed in compliance with Chapter 15.07 (Earthquake Hazard
Reduction in Existing Buildings) of the Municipal Code.
F. Reasonable accommodation. Improvements to a nonconforming structure that are
necessary to comply with an approved reasonable accommodation in compliance with
Section 20.52.070 (Reasonable Accommodations) shall be allowed.
G. Additions. Nonconforming structures may be expanded and the existing
nonconforming elements of the structure shall not be required to be brought into
compliance with the development standards of this Zoning Code subject to the following
limitations and the limitations provided in Section 20.38.060 (Nonconforming Parking).
Expansion shall be limited to a maximum of 50 percent of the gross floor area of
the existing structure within any 10 year period;
2. The floor area of any addition, together with the floor area of the existing
structure, shall not exceed the allowed maximum floor area for the zoning district;
3. The addition shall comply with all applicable development standards and use
regulations of this Zoning Code ; and
4. Additional parking shall be provided in compliance with Section 20.38.060
(Nonconforming Parking), below.
H. Exceptions.
1. Corona del Mar and Balboa Village. Existing nonresidential structures within
Corona del Mar and Balboa Village that are nonconforming because they exceed
the allowed floor area shall be exempt from the limits of this Section and may be
demolished and reconstructed to their pre-existing height and floor area provided
that not less than the pre-existing number of parking spaces is provided.
2. Landmark structures. Landmark structures shall be exempt from the
requirements of this Chapter in compliance with Section 20.38.070 (Landmark
Structures), below.
October 2010 Newport Beach Zoning Code, Title 20
20.38
20.38.050 — Nonconforming Uses
Nonconforming Uses and Structures
Nonconforming uses may be changed, expanded, increased, or intensified only as provided in
this Section.
A. Expansion and intensification of existing nonconforming uses. In nonresidential
zoning districts, and in areas where residential uses are not allowed in planned
community districts or specific plan districts, a use that was previously allowed by right,
but which becomes nonconforming because of new permit regulations, may be
expanded or intensified (e.g., increase in floor area, lot area, or occupancy load) subject
to the approval of a Conditional Use Permit.
B. Change of use.
A nonconforming nonresidential use may be changed to a conforming use
provided the change does not create or increase a deficiency in required off-
street parking except as provided in Section 20.38.060 (Nonconforming Parking).
2. A residential use that is nonconforming because it exceeds the allowed number
of units for the zoning district may be altered to reduce the number of dwelling
units provided the reduction complies with any floor area limit and the provisions
of Chapter 20.34 (Conversion or Demolition of Affordable Housing) are satisfied.
C. Exception for landmark structures. The use of a landmark structure may be changed,
expanded, increased, or intensified without obtaining a Conditional Use Permit required
by this Section subject to compliance with the provisions of Section 20.38.070
(Landmark Structures).
20.38.060 — Nonconforming Parking
A. Residential. Where a residential structu
does not conform to the off-street parking
following alterations may be allowed:
E) or use is nonconforming only because it
requirements of this Zoning Code, only the
Number of spaces. A residential development having less than the required
number of parking spaces per dwelling unit shall be allowed the following repairs,
alterations, and additions:
a. Repair and maintenance, interior alterations, and structural alterations, as
provided for in Subsections 20.38.040 (A -F), above ; and
Additions up to a maximum of 10 percent of the existing floor area of the
structure within a 10 year period as provided in Subsection 20.38.140.G,
above.
2. Dimensions or type of parking spaces. Residential developments that are
nonconforming because they do not have the required type of covered or
enclosed parking spaces or because amendments to this Zoning Code have
changed the dimensions of required parking spaces subsequent to the original
construction of the structure may be altered or expanded as follows:
a. All improvements and expansions allowed under Subparagraph A.1,
above;
Newport Beach Zoning Code, Title 20 October 2010
Nonconforming Uses and Structures
20.38
Additions larger than those allowed under Subparagraph A.1, above, may
be allowed subject to the approval of a Modification Permit in compliance
with Section 20.52.050 (Modification Permits).
B. Nonresidential. Where nonresidential structures and uses are nonconforming because
they do not provide the required number of parking spaces the following provisions shall
apply:
Change of use. A nonconforming use in a nonresidential zoning district, and in
areas where residential uses are not allowed in planned community districts or
specific plan districts, may be changed to a new use allowed in that zoning
district without providing additional parking provided no intensification or
enlargement (e.g., increase in floor area, or lot area) occurs and the new use
requires a parking rate of no more than one space per 250 square feet of gross
building area.
2. Repair, maintenance, and alterations. Repair, maintenance, and alterations to
nonconforming structures and uses shall be allowed as provided in Subsections
20.38.040 (A -G), above.
3. Addition to structure or intensification of use. A nonconforming structure or
use may be enlarged by up to 10 percent of its existing gross floor area, or a
nonconforming use may be changed to a new use that requires additional
parking under the following conditions:
a. Required parking for the additional square footage is provided; or
b. If the new use requires more parking than the nonconforming use, the
new use shall only be required to provide additional parking equal to the
difference between the two; or
C. A reduction in the number of required parking spaces is approved in
compliance with the provisions of this Zoning Code.
4. Demolition of structure. All rights with regard to nonconforming parking shall
be lost for a structure that is voluntarily demolished, except as provided in
Subsection 20.38.040.1 (Exceptions), above.
October 2010 Newport Beach Zoning Code, Title 20
20.38
20.38.070 — Landmark Structures
Nonconforming Uses and Structures
A. Purpose. The purpose of this Section is to help preserve historic structures, encourage
their adaptive reuse, and revitalize the older commercial areas in which they are located
by granting relief from restrictions on nonconforming structures and uses and by
maintaining the principal use and minimizing impacts on the surrounding area.
B. Applicability. The following types of structures are recognized as having importance to
the history and architecture of the City and are collectively designated as landmark
structures:
1. Landmark theaters. The term landmark theaters shall mean a structure
constructed for use as a cinema or theater that was constructed on or before
December 12, 1950; has a single screen or stage; and was designed to seat
more than 300 people.
2. Landmark structure. The term landmark structure shall mean a structure listed
on the National Register of Historic Places, constructed on or before December
12, 1950.
C. Exemptions. Changes in use and structural alterations to a landmark structure shall be
exempt from the requirements of this Chapter in compliance with the following.
1. Change of use.
a. The principal use of a landmark structure may be changed, modified,
increased, or intensified without obtaining a discretionary permit subject
to compliance with the conditions of Subsection D, below, and regardless
of whether the use has been discontinued for a period of time.
b. An accessory use may be initiated, increased, or intensified without
obtaining a discretionary permit subject to compliance with the conditions
of Subsection D, below.
C. For purposes of this Section, the term principal use of a landmark theater
shall mean the display of motion pictures and similar entertainment uses
that occurred on a regular basis within the structure from its inception to
January 1, 2003.
d. For the purposes of this Section, the term principal use of a landmark
structure shall be the use that occupied the greatest amount of floor area
as of January 1, 2003.
e. For purposes of this Section, the term accessory use shall mean a use
that is allowed in the zoning district in which the landmark structure is
located.
2. Alterations. Structural alterations may be made to a landmark structure without
obtaining a discretionary permit subject to compliance with the conditions of
Subsection D, below.
Newport Beach Zoning Code, Title 20 October 2010
Nonconforming Uses and Structures
20.38
D. Conditions. The exemptions specified in Subsection C, above, are applicable on the
following conditions:
A new use that is initiated and a use that is intensified by way of a change in
operational characteristics shall be an accessory use and remain subordinate to
the principal use of the landmark structure;
2. The principal use of the landmark structure shall occupy at least 70 percent of
the gross floor area of the structure;
3. Any permit required by other Titles of the Municipal Code (other than Title 20)
shall be obtained before the initiation or intensification of an accessory use of a
landmark structure;
4. Accessory uses in any landmark theater shall be conducted only between the
hours of 8:00 a.m. and 12:00 a.m.;
5. The required off-street parking of all uses after any additions, intensification,
modification, or expansion (including credit for reductions in off-street parking
resulting from the elimination of accessory uses existing on January 1, 2003) is
less than the required off-street parking for the principal and accessory uses prior
to any additions, intensification, modification or expansion; and
6. The fagade and exterior architectural features of the landmark structure are
restored to substantially their original condition as determined by the Director and
the exterior walls remain in substantially the same location as they existed on
January 1, 2003.
20.38.080 — Repair of Damaged or Partially Destroyed Nonconformities
A. Nonconforming use. A nonconforming use occupying land, a conforming structure, or
portion of a conforming structure that is involuntarily damaged, or destroyed may be
reestablished, provided that;
1. Restoration work is commenced within 12 months of the date of damage, unless
otherwise allowed by the Director, and is diligently pursued to completion; and
2. An abatement period for the nonconforming use has not been established in
compliance with Section 20.38.100 (Abatement Periods), below.
B. Nonconforming structure.
1. Determination of replacement cost. The replacement cost of the structure
shall be determined by the Building Official. However, the Building Official shall
accept the appraised replacement cost of the structure as determined by an
independent, licensed appraiser retained by the property owner.
October 2010 Newport Beach Zoning Code, Title 20
20.38
Nonconforming Uses and Structures
2. Up To 75 percent damage or destruction. A nonconforming structure that is
involuntarily damaged or destroyed may be repaired, restored, or rebuilt if the
cost of the repair or restoration is less than 75 percent of the replacement cost of
the entire structure.. The rights conferred by this Section are contingent upon
diligent application for a Building Permit after the damage occurs and diligent
pursuit of repairs or rebuilding to completion.
3. Greater than 75 percent damage or destruction. If a nonconforming structure
is involuntarily damaged, or destroyed to an extent of more than 75 percent of its
replacement cost, the nonconformity may be restored to its original condition
subject to the approval of a Minor Use Permit. An application for the Minor Use
Permit shall be made within 12 months after the damage or destruction occurs.
C. Aging and deterioration. The provisions of this Section shall not allow replacement of
nonconforming conditions in structures damaged by ongoing natural processes (e.g., dry
rot or termites) or that have deteriorated due to age and lack of maintenance.
D. Condominium units. When a Minor Use Permit is required for replacement or repair of
condominium units that are involuntarily damaged, or destroyed no reduction in the
number of units shall be required. The replacement units shall be permitted to be
equivalent in size and location to the units that were damaged or destroyed.
E. Exceptions for Corona del Mar and Balboa Village. Existing nonresidential structures
within Corona del Mar and Balboa Village that are nonconforming because they exceed
the allowed floor area shall be exempt from the limits of this Section and may be
demolished and reconstructed to their pre-existing height and floor area provided that
not less than the pre-existing number of parking spaces is provided.
20.38.090 — Termination of Nonconforming Status
A. Nonconforming use. Unless otherwise provided in this Chapter a nonconforming use,
or nonconforming operational characteristic of a use, shall cease operations, shall not be
reestablished, and shall lose its nonconforming right when one or more of the following
conditions occur:
The use, or nonconforming operational characteristic of a use, is discontinued for
180 consecutive days, except as provided in Subsection C, below;
2. The use, or nonconforming operational characteristic of a use, is converted to a
conforming use;
3. The use, or nonconforming operational characteristic of a use, is enlarged,
extended, expanded (e.g., increase in floor area, lot area, or occupancy load), or
changed to increase its nonconformity with the regulations this Zoning Code
without first obtaining required approvals; or
4. The abatement period specified for the nonconforming use has expired as
identified in Section 20.38.100 (Abatement Periods), below.
Newport Beach Zoning Code, Title 20 October 2010
Nonconforming Uses and Structures 20.38
B. Demolition of structure. All rights with regard to maintaining nonconforming status of a
structure or nonconforming parking shall be lost for a structure that is voluntarily
demolished, except as provided in Subsection 20.38.040.1 (Exceptions), above.
C. Exceptions.
In nonresidential zoning districts, and in areas where residential uses are not
allowed in planned community districts or specific plan districts, a nonconforming
use that has been discontinued for 180 days or more may be reestablished
subject to the approval of the Director when all of the following findings are
made:
a. The use is allowed by right, but is nonconforming only because it does
not conform to one or more of the standards for specific land uses,
including parking;
b. The property or structure where the nonconforming use is located
contains a substantial investment because of the structural design,
equipment, or fixtures that are unique to and necessary for the operation
of the former use; and
C. The property owner has made a good faith effort to reestablish the use
and has maintained the property in a manner to prevent unsafe or
unsightly conditions during the period of inactivity.
2. A nonconforming use that has been discontinued for 180 days or more may be
reestablished when located within a landmark structure, in compliance with the
requirements of Section 20.38.070 (Landmark Structures).
20.38.100 —Abatement Periods
A. Nonconforming uses shall be abated and terminated upon the expiration of the periods
of time identified in this Section.
B. All zoning districts when no structure is involved. Nonconforming uses of land
located in any zoning district, planned community district, or specific plan district that do
not involve the use of a structure shall be discontinued within one year of becoming
nonconforming.
C. Residential zoning districts involving a structure. In residential zoning districts or in
an area where residential uses are allowed in planned community districts or specific
plan districts, a nonconforming use of land involving a structure shall be discontinued as
follows:
1. Abatement period. A nonconforming use of land involving a structure in a
residential zoning district shall be discontinued on the earliest date as follows:
a. Within one year from May 21, 2008; or
b. Upon the expiration of the term of a lease on the property. Any lease shall
be the last lease entered into for the subject property prior to December
7, 2007; or
October 2010 Newport Beach Zoning Code, Title 20
20.38
Nonconforming Uses and Structures
C. Upon the expiration of a current operating license that is required by State
law.
2. Order of abatement. Whenever the Director finds that any of the conditions
exist that are identified in Subparagraph 1, above, the Director shall issue a
written order of abatement to the property owners and all persons in possession
of the property. The owner and/or person in possession shall comply within the
time and in the manner stated in the order.
3. Exception. Multi -family and two-family residential uses located in residential
zoning districts and in areas where residential uses are allowed in planned
community districts or specific plan districts that are nonconforming only in terms
of their number of units or parking shall not be subject to abatement.
4. Extension of abatement period. Following the issuance of an Abatement
Order by the Director, a property owner may request an extension of the
abatement period in order to amortize the property owner's investment and to
avoid a potential taking of property either under the procedure outlined in this
Subparagraph or under the procedure outlined in Subparagraph 5 (Extension of
abatement period for residential care facility), below.
a. Application requirements. An application for an extension of the
abatement period shall be filed with the Department no later than 90 days
prior to the expiration of the abatement period as specified in this Section.
The application shall include the following information in addition to other
information required by the Department:
(1) The length of the requested extension of the abatement period;
and
(2) Evidence in support of the findings included in Subsubparagraph c
(Findings/Considerations), below.
b. Hearing Officer hearing and action.
(1) The Hearing Officer, as provided in Section 20.60.040 (Hearing
Officer), shall be the review authority for applications for requests
of extensions to abatement periods for nonconforming uses in
residential zoning districts and in planned community districts or
specific plan districts where residential uses are allowed.
(2) The Hearing Officer shall conduct a public hearing on the request
in compliance with Chapter 20.62 (Public Hearings).
(3) The Hearing Officer, by resolution, shall approve, conditionally
approve, or deny the request for an extension to the abatement
period. The resolution shall include; findings of fact; evidence
presented of economic hardship arising from the abatement
proceedings; the nonconformity's impact on the community; and
other factors that may affect the length of the abatement period
required to avoid an unconstitutional taking.
- J Newport Beach Zoning Code, Title 20 October 2010
Nonconforming Uses and Structures
20.38
C. Findings and considerations. In reviewing an application for an
extension to the abatement period the Hearing Officer shall consider the
following:
(1) Length of the abatement period in relation to the owner's
investment in the use;
(2) Length of time the use was operating prior to the date of
nonconformity;
(3) Suitability of the structure for an alternative use;
(4) Harm to the public if the use remains beyond the abatement
period; and
(5) Cost and feasibility of relocating the use to another site.
d. Notice to owner. Following the hearing, the Department shall send a
copy of the Hearing Officer's action to the owner of the property within 10
days following the date of the Commission's action.
e. Appeals. Refer to Subsection F, below.
5. Extension of abatement period for residential care facility. The abatement
period for a residential care facility may be extended upon approval of an
application by the Director under one or both of the circumstances outlined
below. An application for an extension under this Subparagraph is separate and
apart from an application for an extension under Subparagraph 4, above. A
residential care facility may apply for an extension under either or both
procedures:
a. When the owner or occupant has applied for a Conditional Use Permit
(Section 20.52.020) or Reasonable Accommodation (Section 20.52.070)
in a timely manner and is diligently pursuing the applicable process, as
determined by the Director; or
b. When the business owner or occupant is contractually obligated to
continue the provision of a program or service for one or more persons so
long as any existing contract provides for a normal and customary term
for the provision of those services. No term shall exceed 60 days.
D. Nonresidential zoning districts involving a structure.
1. Abatement period. In nonresidential zoning districts, and in areas where
residential uses are not allowed in planned community districts or specific plan
districts, a nonconforming use of land involving a structure shall be discontinued
within 10 years after the Commission determines that the orderly termination of
the nonconforming use is necessary to promote the health, safety, and general
welfare and to comply with the provisions of the Zoning Code and goals and
policies of the General Plan.
October 2010 Newport Beach Zoning Code, Title 20
20.38
Nonconforming Uses and Structures
2. Order of abatement. Whenever the Commission determines that the abatement
of a nonconforming use is necessary in compliance with Subparagraph 1, above,
the Director shall issue a written order of abatement to the property owners and
all persons in possession of the property. The owners and/or persons in
possession shall comply within the time and in the manner stated in the order.
3. Exceptions. The abatement period specified in Subparagraph 2, above, shall not
apply except in the following circumstances:
a. A different abatement period is specified in a planned community district
or specific plan district; or
b. The use is located in a landmark structure that is subject to the provisions
of Section 20.38.070 (Landmark Structures) in which case there shall be
no abatement period.
4. Extension of abatement period. Following the issuance of an Abatement
Order by the Director, a property owner may request an extension of the
abatement period in order to amortize the property owner's investment and to
avoid a potential taking of property.
a. Application requirements. An application for an extension of the
abatement period shall be filed with the Department no later than 90 days
prior to the expiration of the abatement period as specified in this Section.
The application shall include the following information in addition to other
information required by the Department:
(1) The length of the requested extension of the abatement period;
and
(2) Evidence in support of the findings included in Subsubparagraph c
(Findings/Considerations), below.
b. Commission hearing and action.
(1) The Commission shall be the review authority for applications for
requests of extensions to abatement periods for nonconforming
uses in nonresidential zoning districts and in planned community
districts or specific plan districts where residential uses are not
allowed.
(2) The Commission shall conduct a public hearing in compliance with
Chapter 20.62 (Public Hearings).
(3) The Commission shall evaluate evidence presented of economic
hardship arising from the abatement proceedings, the
nonconformity's impact on the community, and other factors
provided in Paragraph c, below, that may affect the length of the
abatement period required to avoid an unconstitutional taking.
(4) The Commission shall approve, conditionally approve, or deny the
request for an extension to the abatement period only as required
to avoid an unconstitutional taking of property.
J Newport Beach Zoning Code, Title 20 October 2010
Nonconforming Uses and Structures
20.38
C. Findings and considerations. In reviewing an application for an
extension to the abatement period the Commission shall consider the
following:
(1) Length of the abatement period in relation to the owner's
investment in the use;
(2) Length of time the use was operating prior to the date of
nonconformity;
(3) Suitability of the structure for an alternative use;
(4) Harm to the public if the use remains beyond the abatement
period;
(5) Cost and feasibility of relocating the use to another site; and
(6) Other evidence relevant to the determination of whether an
extension of the abatement period is required to avoid an
unconstitutional taking of property.
d. Notice to owner. Following the hearing, the Department shall send a
copy of the Commission's action to the owner of the property within 10
days following the date of the Commission's action.
E. Enforcement. The City shall enforce the provisions of this Chapter by civil action,
utilization of the procedures in Chapter 20.68 (Enforcement), or any other proceedings
or methods permitted by law.
F. Appeals.
1. Decisions of the Director, Zoning Administrator, Hearing Officer, or Commission
may be appealed in compliance with the procedures established in Chapter
20.64 (Appeals).
2. Council hearings on appeals of the Hearing Officer's decision shall not be de
novo and the City Council shall determine whether the findings made by the
Hearing Officer are supported by substantial evidence presented during the
evidentiary hearing. The City Council, acting as the appellate body, may sustain,
reverse, or modify the decision of the Hearing Officer or remand the matter for
further consideration. The remand shall include specific issues to be considered
or a direction for a de novo hearing.
October 2010 Newport Beach Zoning Code, Title 20
20.38
Nonconforming Uses and Structures
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Newport Beach Zoning Code, Title 20
October 2010
Chapter 20.40 — Off -Street Parking
Sections:
20.40.010 — Purpose
20.40.020 — Applicability
20.40.030 — Requirements for Off -Street Parking
20.40.040 — Off -Street Parking Spaces Required
20.40.050 — Parking Requirements for Shopping Centers
20.40.060 — Parking Requirements for Food Service Uses
20.40.070 — Development Standards for Parking Areas
20.40.080 — Parking for Nonresidential Uses in Residential Zoning Districts
20.40.090 — Parking Standards for Residential Uses
20.40.100 — Off -Site Parking
20.40.110 — Adjustments to Off -Street Parking Requirements
20.40.120 — Parking Management Districts
20.40.130 — In -lieu Parking Fee
20.40.010 — Purpose
The purpose of this Chapter is to provide off-street parking and loading standards to:
A. Provide for the general welfare and convenience of persons within the City by ensuring
that sufficient parking facilities are available to meet the needs generated by specific
uses and that adequate parking is provided, to the extent feasible;
B Provide accessible, attractive, secure, and well-maintained off-street parking and loading
facilities;
C. Increase public safety by reducing congestion on public streets and to minimize impacts
to public street parking available for coastal access and recreation;
D. Ensure access and maneuverability for emergency vehicles; and
E. Provide loading and delivery facilities in proportion to the needs of allowed uses.
20.40.020 — Applicability
A. Off-street parking required. Each use, including a change or expansion of a use or
structure, except as otherwise provided for in Chapter 20.38 (Nonconforming Uses and
Structures) shall have appropriately maintained off-street parking and loading areas in
compliance with the provisions of this Chapter. A use shall not be commenced and
structures shall not be occupied until improvements required by this Chapter are
satisfactorily completed.
October 2010 Newport Beach Zoning Code, Title 20
20.40
Off -Street Parking
B. Change, enlargement, or intensification of use. Changes in use and enlargement or
intensification of an existing use shall require compliance with the off-street parking
requirements of this Chapter, except as allowed in Chapter 20.38 (Nonconforming Uses
and Structures).
20.40.030 — Requirements for Off -Street Parking
A. Parking required to be on-site. Parking shall be located on the same lot or
development site as the uses served, except for the following:
Townhouses and multi -tenant uses. Where parking is provided on another lot
within the same development site, the parking shall be located within 200 feet of
the units they are intended to serve.
2. Off-site parking agreement. Parking may be located off site with the approval
of an off-site parking agreement in compliance with Subsection 20.52.080.0
(Parking agreement).
B. Permanent availability required. Each parking and loading space shall be
permanently available and maintained for parking purposes for the use it is intended to
serve. The Director may authorize the temporary use of parking or loading spaces for
other than parking or loading in conjunction with a seasonal or intermittent use allowed
in compliance with Section 20.52.040 (Limited Term Permit).
C. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and
landscaping areas shall be kept free of dust, graffiti, and litter. Striping, paving, walls,
light standards, and all other facilities shall be permanently maintained in good condition.
D. Vehicles for sale. Vehicles, trailers, or other personal property shall not be parked
upon a private street, parking lot, or private property for the primary purpose of
displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless
the property is appropriately zoned, and the vendor is licensed to transact a vehicle
sales business at that location.
E. Calculation of spaces required.
Fractional spaces. Fractional parking space requirements shall be rounded up
to the next whole space.
2. Bench seating. Where bench seating or pews are provided, 18 linear inches of
seating shall be considered to constitute a separate or individual seat.
3. Gross floor area. References to spaces per square foot are to be calculated on
the basis of gross floor area unless otherwise specified.
4. Net public area. "Net Public Area" shall be defined as the total area accessible
to the public within an eating and/or drinking establishment, excluding kitchens,
restrooms, offices pertaining to the use, and storage areas.
5. Spaces per occupant. References to spaces per occupant are to be calculated
on the basis of maximum occupancy approved by the City of Newport Beach Fire
Department.
Newport Beach Zoning Code, Title 20 October 2010
Off -Street Parking
20.40
6. Spaces required for multiple uses. If more than one use is located on a site,
the number of required off-street parking spaces shall be equal to the sum of the
requirements prescribed for each use.
F. Nonconforming parking and loading. Land uses and structures that are non-
conforming due solely to the lack of off-street parking or loading facilities required by this
Chapter, shall be subject to the provisions of Section 20.38.060 (Nonconforming
Parking).
20.40.040 — Off -Street Parking Spaces Required
Off-street parking spaces shall be provided in compliance with Table 3.11, below. These
standards shall be considered the minimum required to preserve the public health, safety, and
welfare, and more extensive parking provisions may be required by the review authority in
particular circumstances. Unless otherwise noted parking requirements are calculated based on
gross floor area.
TABLE 3-10
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
a
Food Processing 1 per 2,000 sq. ft.
Handicraft Industry 1 per 500 sa. ft.
Industry
Small - 5,000 sq. ft. or less
1 per 500 sq. ft.
Large - Over 5,000 sq. ft.
1 per 1,000 sq. ft.
Industry, Marine Related
1 per 750 sq. ft.
2 for resident manager, plus additional for office as
required by Minor Use Permit
Personal Storage (Mini Storage)
Research and Development
1 per 500 sq. ft.
Warehousing and Storage 1 per 2,000 sq. ft., plus 1 per 350 sq. ft. for offices.
Minimum of 10 spaces per use
Wholesaling
Recreation, Education, and Public Assembly
Uses
1 per 1,000 sq. ft.
Assembly/Meeting Facilities
1 per 3 seats or 1 per 35 sq. ft. used for assembly
purposes
Commercial Recreation and Entertainment
As required by Conditional Use Permit
Cultural Institutions
1 per 300 sq. ft.
Schools, Public and Private
Residential Uses
As required by Conditional/Minor Use Permit
Accessory Dwelling Units
1 per unit; a minimum of 2 covered per site.
Single -Unit Dwellings - Attached
2 per unit in a garage
Single -Unit Dwellings - Detached and less than
4,000 sq. ft. of habitable floor area
2 per unit in a garage
October 2010 Newport Beach Zoning Code, Title 20
20.40
Off -Street Parking
TABLE 3-10
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
i
Single -Unit Dwellings - Detached and 4,000
3 per unit in a garage
square ft. or greater of floor area
office area
Single -Unit Dwellings - Balboa Island
2 per unit in a garage
Multi -Unit Dwellings - 3 units
2 per unit covered, plus guest parking;
Shopping Centers
1 - 2 units, no guest parking required
See Section 20.40.050
3 units, 1 guest parking space
Multi -Unit Dwellings - 4 units or more
2 per unit covered, plus 0.5 space per unit for guest
1 per 200 sq. ft.
parking
Two -Unit Dwellings
2 per unit; 1 in a garage and 1 covered or in a garage
Live/work units
2 per unit in a garage, plus 2 for guest/customer
Offices* - Business, Corporate, General,
parkin
Senior Housing - market rate
1.2 per unit
Senior Housin - affordable
1 per unit
Next 75,000 sq. ft.
1 per 300 sq. ft. net floor area
Appliances, Building Materials, Home Electronics,
1st 10,000 sq. ft. - 1space per 300 sq. ft.
Furniture, Nurseries, and Similar Large Warehouse-
Over 10,000 sq. ft. - 1 space per 500 sq. ft.
type Retail Sales and Bulk Merchandise Facilities
Plus 1 per 1,000 s .ft. of outdoor merchandise areas
Food and Beverage Sales
1 per 200 sq. ft.
Marine Rentals and Sales
Boat Rentals and Sales
1 per 1,000 sq. ft. of lot area, plus 1 per 350 sq. ft of
office area
Marine Retail Sales
1 per 250 sq. ft.
Retail Sales
1 per 250 sq. ft.
1 per 200 sq. ft.
Shopping Centers
Service Uses — Business, Financial, Medical, and
Professional
See Section 20.40.050
Convalescent Facilities
1 per 3 beds or as required by Conditional Use Permit
Emergency Health Facilities
1 per 200 sq. ft.
Financial Institutions and Related Services
1 per 250 sq. ft.
1 per bed; plus 1 per resident doctor and 1 per
Hospitals
employee.
Offices* - Business, Corporate, General,
Governmental
First 50,000 sq. ft.
1 per 250 sq. ft. net floor area
Next 75,000 sq. ft.
1 per 300 sq. ft. net floor area
Floor area above 125,001 sq. ft.
1 per 350 sq. ft. net floor area
* Not more than 20% medical office uses.
Offices - Medical and Dental Offices
1 per 200 sq. ft.
Newport Beach Zoning Code, Title 20 October 2010
Off -Street Parking
TABLE 3-10
OFF-STREET PARKING REQUIREMENTS
20.40
Land Use Parking Spaces Required
Outpatient Surgery Facility 1 per 250 sq. ft.
Service Uses - General —2
Adult -Oriented Businesses 1 per 1.5 occupants or
as required by Conditional Use Permit
Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces.
Animal Sales and Services
Animal Boarding/Kennels
1 per 400 sq. ft.
Animal Grooming
1 per 400 sq. ft.
Animal Hospitals/Clinics
1 per 400 sq. ft.
Animal Retail Sales
1 per 250 sq. ft.
Artists' Studios
1 per 1,000 sq. ft.
Catering Services
1 per 400 sq. ft.
Care Uses
Adult Day Care — Small (6 or fewer) Spaces required for dwelling unit only.
Adult Day Care -Large (7 or more) 2 per site for drop-off and pick-up purposes (in addition
to the spaces required for the dwelling unit).
Child Day Care — Small (6 or fewer) Spaces required for dwelling unit only.
Child Day Care - Large (9 to 14) 2 per site for drop-off and pick-up purposes (in addition
to the spaces required for the dwelling unit).
Day Care - General 1 per 7 occupants based on maximum occupancy
allowed per license.
Residential Care - General (7 to 14) 1 per 3 beds
Eatinq and Drinkinq Establishments
Accessory (open to public)
1 per each 3 seats or 1 per each 75 sq. ft. of net public
area., whichever is greater
Bars, Lounges, and Nightclubs
1 per each 4 persons based on allowed occupancy
load or as required by Conditional Use Permit
1 per 30-50 sq. ft. of net public area, including outdoor
Food Service with/without alcohol, with/without
dining areas, but excluding the first 25% or 1,000 sq. ft
late hours
of outdoor dining area, whichever is less.
See Section 20.48.090
Food Service - Fast food
1 per 50 sq. ft., and 1 per 100 sq. ft. for outdoor dining
areas
Take -Out Service - Limited
1 per 250 sq. ft.
Emergency Shelter
As required by Conditional Use Permit
Funeral Homes and Mortuaries
1 per 35 sq. ft. of assembly area
Health/Fitness Facilities
Small - 2,000 sq. ft or less 1 per 250 sq. ft.
Large - Over 2,000 sq. ft. 1 1 per 200 sq. ft.
October 2010 Newport Beach Zoning Code, Title 20
20.40
TABLE 3-10
OFF-STREET PARKING REQUIREMENTS
Off -Street Parking
Land Use Parking Spaces Required
Laboratories (medical, dental, and similar) 1 per 500 sq. ft
Maintenance and Repair Services 1 per 500 sq. ft.
Marine Services
Boat Storage - Dry
0.33 per storage space or as required by Conditional
Use Permit
Boat Yards
As required by Conditional Use Permit
Dry Docks
2 per dry dock
Entertainment and Excursion Services
1 per each 3 passengers and crew members
Marine Service Stations
As required by Conditional Use Permit
Sport Fishing Charters
1 per each 2 passengers and crew members
Water Transportation Services - Office
1 per 100 sq. ft., minimum 2 spaces
Personal Services
Massage Establishments
1 per 200 sq. ft. or as required by Conditional Use
Permit
Nail Salons
1 per 80 sq. ft.
Personal Services, General
1 per 250 sq. ft.
1 per 250 sq. Ft.
Studio (dance, music, and similar)
Postal Services
1 per 250 sq. ft.
Printing and Duplicating Services
1 per 250 sq. ft.
Recycling Facilities
Collection Facility - Large 4 spaces minimum, but more may be required by the
review authority
Collection Facility - Small As required by the review authority
Visitor Accommodations
Bed and Breakfast Inns 1 per guest room, plus 2 spaces
Hotels and accessory uses As required by Conditional Use Permit
Motels 1 per guest room or unit
Recreational Vehicle Parks As required by Conditional Use Permit
Time Shares As required by Conditional Use Permit
Transportation,
Communication Facilities 1 per 500 sq. ft.
Heliports and Helistops As required by Conditional use Permit
Marinas 0.75 per slip or 0.75 per 25 feet of mooring space
Vehicle Rental, Sale, and Service Uses
Vehicle/Equipment Rentals
Office Only 1 per 250 sq. ft.
Limited 1 per 300 sq. ft., plus 1 per rental vehicle (not including
bicycles and similar vehicles
Newport Beach Zoning Code, Title 20
October 2010
Off -Street Parking
TABLE 3-10
OFF-STREET PARKING REQUIREMENTS
Land Use
Parking Spaces Required
20.40
Vehicle/Equipment Rentals and Sales
1 per 1,000 sq. ft. of lot area
Vehicles for hire
1 per 300 sq. ft., plus 1 per each vehicle associated
with the use and stored on the same site
Vehicle Sales, Office Only
1 per 250 sq. ft., plus 1 as required by DMV
Vehicle/Equipment Repair (General and Limited)
1 per 300 sq. ft. or 5 per service bay whichever is more
Vehicle/Equipment Services
Automobile Washing
1 per 200 sq. ft.of office or lounge area; plus queue for
5 cars per washing station
Service Station
1 per 300 sq. ft. or 5 per service bay whichever is
more; minimum of 4
Service Station with Convenience Market
1 1 per 200 sq. ft., in addition to 5 per service bay
Vehicle Storage
1 per 500 sq. ft.
Caretaker Residence
1 per unit
As required by Municipal Code Chapter 11.03
Special Events
Temporary Uses
As required by the Limited Term Permit in compliance
with Section 20.52.040
20.40.050 — Parking Requirements for Shopping Centers
A. An off-street parking space requirement of 1 space for each 200 square feet of gross
floor area may be used for shopping centers meeting the following criteria:
1. The gross floor area of the shopping center does not exceed 100,000 square feet;
and
2. The gross floor area of all eating and drinking establishments does not exceed 15
percent of the gross floor area of the shopping center.
B. Individual tenants with a gross floor area of 10,000 square feet or more shall meet the
parking space requirement for the applicable use in compliance with Section 20.40.040
(Off-street Parking Spaces Required), above.
C. Shopping centers with a gross floor areas in excess of 100,000 square feet or with
eating and drinking establishments occupying more than 15 percent of the gross floor
area of the center shall use a parking requirement equal to the sum of the requirements
prescribed for each use in the shopping center.
October 2010 Newport Beach Zoning Code, Title 20
20.40 Off -Street Parking
20.40.060 — Parking Requirements for Food Service Uses
A. Establishment of parking requirement. The applicable review authority shall establish
the off-street parking requirement for food service uses within a range of one space for
each 30 to 50 square feet of net public area based upon the following considerations:
1. The physical design characteristics:
a. The gross floor area of the building or tenant space;
d. The number of tables or seats and their arrangement;
e. Other areas that should logically be excluded from the determination of
net public area;
f. The parking lot design, including the use of small car spaces, tandem and
valet parking and loading areas;
g. Availability of guest dock space for boats; and
h. Extent of outdoor dining.
2. Operational characteristics:
a. The amount of floor area devoted to live entertainment or dancing;
b. The amount of floor area devoted to the sale of alcoholic beverages;
C. The presence of pool tables, big screen televisions or other attractions;
d. The hours of operation; and
e. The expected turn over rate.
3. Location of the establishment:
a. In relation to other uses and the waterfront;
b. Availability of off-site parking nearby;
C. Amount of walk-in trade; and
d. Parking problems in the area at times of peak demand.
B. Conditions of approval. If during the review of the application, the review authority
uses any of the preceding considerations as a basis for establishing the parking
requirement, the substance of the considerations shall become conditions of the permit
application approval and a change to any of the conditions will require an amendment to
the permit application, which may be amended to establish parking requirements within
the range as noted above.
Newport Beach Zoning Code, Title 20 October 2010
Off -Street Parking
20.40
20.40.070 — Development Standards for Parking Areas
A. Access to parking areas. Access to off-street parking areas shall be provided in the
following manner:
Nonresidential and multi -unit. Parking areas for nonresidential and multi -unit
uses:
a. Adequate and safe maneuvering aisles shall be provided within each
parking area so that vehicles enter an abutting street or alley in a forward
direction.
The Director may approve exceptions to the above requirement for
parking spaces immediately adjoining a public alley, provided not more
than 10 feet of the alley right-of-way is used to accommodate the required
aisle width, and provided the spaces are set back from the alley the
required minimum distances shown in the Table 3-12, below.
TABLE 3-11
PARKING SETBACK FROM ALLEY
Alley Width
Minimum Setback
15'-0" or less
5'-0"
15'-1" to 19'-11"
3'-9"
20'-0" or more
2'-6"
C. The first parking space within a parking area accessed from a public
street shall be set back a minimum of 5 feet from the property line.
2. Access ramps. Ramps providing vehicle access to parking areas shall not
exceed a slope of 15 percent. Changes in the slope of a ramp shall not exceed
11 percent and may occur at 5 -foot intervals. Refer to Public Works Standard
160L -B, C and 805L -B. The Director of Public Works may modify these
standards to accommodate specific site conditions.
B. Location of parking facilities.
1. Residential uses. Parking facilities serving residential uses shall be located on
the same site as the use the parking is intended to serve. Additional
requirements are provided in Section 20.40.090 (Parking Standards for
Residential Uses), below.
2. Nonresidential uses. Parking facilities for nonresidential uses shall be located
on the same site as the use the parking is intended to serve, except where an off
site parking facility is approved in compliance with Section 20.40.100 (Off-site
Parking).
October 2010 Newport Beach Zoning Code, Title 20
20.40
Off -Street Parking
3. Parking structures. When adjacent to a residential zoning district, the
development of structured parking, including rooftop parking shall require the
approval of a Conditional Use Permit to address potential impacts to adjacent
residential uses.
4. Parking on slopes. Parking shall not be allowed on slopes greater than 5
percent. This shall not apply to parking spaces located within a parking structure.
The Director of Public Works may adjust these standards to accommodate
specific site conditions.
C. Parking space and lot dimensions.
1. Minimum parking space and drive aisle dimensions. Each parking space,
drive aisle, and other parking lot features shall comply with the minimum
dimension requirements in Tables 3-13 and 3-14, below, and as illustrated in
Figure 3-8.
2. Width of parking aisle. The width of parking aisles may by reduced by the
Public Works Director in unique situations arising from narrow lots or existing
built conditions when traffic safety concerns have been addressed.
TABLE 3-12
MINIMUM STANDARD PARKING SPACE SIZE
Minimum Standard Space Requirements
Width Length
8 ft. 6 in. 17 ft
TABLE 3-13
STANDARD VEHICLE SPACE REQUIREMENTS
Angle
(degrees)
Stall
Width
(1)(3)
Stall
Depth (2)
Stall
Length (3)
Aisle Width
One -Way
Two -Way
Parallel
8 ft
N/A
22 ft
14 ft
24 ft
30
8 ft 6 in
16 ft
17 ft
14 ft
N/A
45
8 ft 6 in
18 ft
17 ft
14 ft
N/A
60
8 ft 6 in
19 ft
17 ft
18 ft
N/A
90
8ft6in
17 ft
17 ft
26 ft
26 ft
(1) When the length of a parking space abuts a wall, or similar obstruction, the required width
of the space shall be increased to 9 feet.
(2) Measured perpendicular to aisle
(3) Structural elements shall not encroach into the required stall, with the exception of a 1 foot
square area at the front corners.
Newport Beach Zoning Code, Title 20 October 2010
Off -Street Parking
20.40
3. Bumper overhang areas. A maximum of 2.5 feet of the parking stall depth may
be landscaped with low -growing, hearty materials in lieu of paving or an adjacent
walkway may be increased, allowing a 2.5 foot bumper overhang while
maintaining the required parking dimensions.
4. Compact parking. Compact parking spaces shall not be allowed. However,
where they exist at the time of adoption of this Zoning Code they may remain and
shall not be considered a nonconforming condition.
Street
Street
30 Degree Angle Parking 45 Degree Angle Parking
60 Degree Angle Parking
35'5"
Wheel Stops or Curbs
5'
2r
4S'•
Lan[isca 5tri .. P. ..x'
'•
PL ..Tl�` . Pe
Figure 3-8
Parking Lot Dimensions
90 Degree Parking
October 2010 Newport Beach Zoning Code, Title 20
20.40
D. Required parking area improvements
following improvements:
1. Curbing and wheel stops.
Off -Street Parking
Off-street parking areas shall have the
a. Continuous concrete curbing shall be installed a minimum of 5 feet from a
wall, fence, building, or other structure. Curbs shall be a minimum of 4
inches high.
b. The minimum standard curb radius shall be 6 feet at all aisle corners.
Alternative curb radii may be approved by the Director of Public Works.
C. Individual wheel stops may be provided in lieu of continuous curbing
when the parking is adjacent to a landscaped area, and the parking area
drainage is directed to the landscaped area subject to the approval of the
Director of Public Works. Wheel stops shall be placed to allow for 2 feet
of vehicle overhang area within the dimension of the parking space.
Wheel stops shall not be used in conjunction with continuous curbing,
including adjacent to raised walkways.
2. Drainage. Parking lots shall be designed in compliance with the storm water
quality and quantity standards of the City's Best Management Practices and the
City's Standard Specifications and Plans.
3. Landscaping. Landscaping for new surface parking lots with 10 or more spaces
shall be provided as indicated below. These requirements do not apply to routine
maintenance and restriping of existing parking lots.
a. Perimeter parking lot landscaping.
(1) Adjacent to streets.
(a) Parking areas abutting a public street shall be designed to
provide a perimeter landscape strip a minimum 5 feet wide
between the street right-of-way and parking area. The Director
may grant an exception to this requirement if existing
structures, substandard lots, or unique site conditions preclude
its implementation. In this case, the maximum feasible planting
strip area shall be provided based on site conditions.
(b) Landscaping, other than trees, shall be designed and
maintained to screen cars from view from the street and shall
be maintained at approximately 36 inches in height.
(c) Screening materials may include a combination of plant
materials, earth berms, raised planters, low walls, or other
screening devices that meet the intent of this requirement as
approved by the Director.
(d) Plant materials, walls, or structures within a traffic sight area of
a driveway shall not exceed 36 inches in height in compliance
with Section 20.30.130 (Traffic Safety Visibility Area).
Newport Beach Zoning Code, Title 20 October 2010
Off -Street Parking
20.40
(2) Adjacent to residential use.
(a) Parking areas for nonresidential uses adjoining residential
uses shall provide a landscaped buffer yard with a minimum
of 5 feet in width between the parking area and the common
property line bordering the residential use. A solid masonry
wall and landscaping in compliance with Subsection
20.30.020.D (Screening and buffering between different
zoning districts) shall be provided along the property line.
(b) Trees shall be provided at a rate of one for each 30 square
feet of landscaped area and shall be a minimum 24 inch box
container at time of planting.
b. Interior parking lot landscaping.
(1) Trees required.
(a) Number and location. Trees shall be evenly spaced
throughout the interior parking area at a rate of one tree for
every 5 parking spaces. Trees shall be located in planters
that are bounded on at least 2 sides by parking area
paving. Planters shall have a minimum exterior dimension
of 5 feet.
(b) Size. All trees within the parking area shall be a minimum
24 inch box container at time of planting.
(2) Ends of aisles. All ends of parking aisles shall have landscaped
islands planted with trees, shrubs, and ground cover.
(3) Larger projects. Parking lots with more than 100 spaces shall
provide an appropriate entry feature consisting of a concentration
of landscape elements, including specimen trees, flowering plants,
enhanced paving, and project identification.
4. Lighting. Parking lots shall be lighted so that there is a minimum illumination
over the entire lot of 1.0 footcandle and an average over the entire lot of 2.5
footcandles.. Lighting shall comply with the standards in Section 20.30.070
(Outdoor Lighting).
5. Stall markings, directional arrows, and signs.
a. Parking spaces shall be clearly outlined with 4 -inch -wide lines painted on
the surface of the parking facility. Car pool and van pool spaces shall be
clearly identified for exclusive use of car pools and van pools.
b. Parking spaces for the disabled shall be striped and marked so as to be
clearly identified in compliance with the applicable Federal, State, and
City standards.
October 2010 Newport Beach Zoning Code, Title 20
20.40
Off -Street Parking
C. Driveways, circulation aisles, and maneuvering areas shall be clearly
marked with directional arrows and lines to ensure the safe and efficient
flow of vehicles.
d. The Director of Public Works may require the installation of traffic signs in
addition to directional arrows to ensure the safe and efficient flow of
vehicles in a parking facility.
6. Surfacing. Parking spaces and maneuvering areas shall be paved and
permanently maintained with asphalt, concrete, or interlocking paving stones or
other City approved surfaces.
E. Enclosed parking. The following regulations shall apply to enclosed commercial off-
street parking:
1. Doors shall remain open during regular business hours;
2. A sign shall be posted on the business frontage that advises patrons of the
availability and location of parking spaces;
3. Signs shall be posted on the site containing the following information:
a. Doors are to remain open during business hours; and
b. A number to call for Code Enforcement.
4. The location, size, and color of the signs required above shall be approved by the
Department.
20.40.080 — Parking for Nonresidential Uses in Residential Zoning Districts
Where parking lots for nonresidential uses are allowed in residential zoning districts in
compliance with Chapter 20.18 (Residential Zoning Districts), they shall be developed in
compliance with the following requirements in addition to other applicable standards provided in
this Chapter.
A. Conditional Use Permit required. Approval of a Conditional Use Permit shall be
required in order to locate a parking lot intended for nonresidential use within a
residential zoning district.
B. Location of parking area. The parking area shall be accessory to, and for use of, one
or more abutting nonresidential uses allowed in an abutting commercial zoning district.
The Commission may grant a waiver for noncontiguous parking lots, but only under all of
the following conditions:
1. The parking lot is designed to be compatible with the neighborhood;
2. There are no residential uses between the parking lot and the commercial zoning
district;
3. The location of the parking lot does not fragment the adjacent neighborhood;
- • Newport Beach Zoning Code, Title 20 October 2010
Off -Street Parking
20.40
4. The parking lot is not detrimental or injurious to property and improvements in the
neighborhood; and
5. The parking lot is located within a reasonable walking distance of the use to
which it is an accessory.
C. Access. Access to parking lots shall be from commercial streets or alleys. An exception
may be granted by the Commission if no commercial streets are available for access.
D. Passenger vehicle parking only. Parking lots shall be used solely for the parking of
passenger vehicles.
E. Signs. No signs, other than signs designating entrances, exits, and conditions of use
shall be maintained in parking areas. Signs shall not exceed 4 square feet in area and 5
feet in height. The number and location shall be approved by the Director before
installation.
F. Perimeter wall. The parking lot shall have a solid masonry wall 6 feet in height along all
interior property lines adjacent to residential zoning districts and 36 inches in height
adjacent to streets and the front setback area of an abutting residential use.
G. Development standards. The parking lot shall be developed in compliance with the
development standards of this Chapter and the outdoor lighting standards in Section
20.30.070 (Outdoor lighting).
H. No overnight parking. Overnight parking shall be prohibited and the parking lot shall
be secured after business hours to prevent any use of the facility.
20.40.090 — Parking Standards for Residential Uses
A. Parking space and driveway dimensions.
1. Minimum interior dimensions. The minimum interior dimensions for parking
spaces in residential zoning districts shall be as provided in Table 3-14, below.
The Director may approve a reduced width for duplex units when two separate
single car garages are proposed side by side and the applicant has proposed the
maximum width possible.
TABLE 3-14
MINIMUM INTERIOR DIMENSIONS
Lot Width
Single Car/Tandem*
Two Car
30 feet or less
9'-3" x 19' (35')*
17'-6" x 19'
30.1 - 39.99 feet
10' x 19' (35')*
18'-6" x 19'
40 feet or more
10'x 20'
20' x-20'
* The minimum depth for a 2 -car tandem space is 35 feet.
October 2010 Newport Beach Zoning Code, Title 20
20.40
Off -Street Parking
2. Tandem parking. Tandem parking for a maximum of 2 cars in depth shall be
allowed in residential districts subject to the minimum interior dimensions
provided in Table 3-15, above.
3. Driveway width. Driveways visible from a public right-of-way shall not be wider
than required to access an adjacent garage as follows:
a. One car garage: 10 feet wide
Two car garage: 20 feet wide
C. Three car garage: 25 feet wide
d. Four car garage: 32 feet wide
4. Vertical clearances. The minimum unobstructed vertical clearance for parking
spaces shall be 7 feet, except that the front 4 feet may have a minimum vertical
clearance of 4 feet.
B. Access to parking.
Direct access required. Each parking space shall be capable of being accessed
directly from an adjoining vehicular right-of-way or over an improved hard
surfaced driveway, except for approved tandem parking spaces.
2. Clear access required. Where access to a required parking space is taken over
a driveway, the driveway shall be maintained free and clear at all times except for
the parking of currently registered, licensed motor vehicles, and for temporary
obstructions that are incidental to the use of the property. Temporary
obstructions in the driveway shall be allowed only for a period up to 72 hours.
C. Location of parking.
Allowed parking areas. Parking of vehicles is allowed only in permanent
parking areas and on driveways leading to allowed parking areas. Under no
circumstances shall landscaped areas or hardscaped areas in front yards, other
than driveways, be used for the parking of vehicles.
2. Garages facing the street. Garages with doors that face the street that are
located within 20 feet of the front property line shall be equipped with automatic
roll -up doors.
3. Parking located in required setback areas. The following requirements shall
apply to the parking or storage of motor vehicles, recreational vehicles,
watercraft, trailers, and similar items in residential zoning districts:
a. Front setback areas. Parking or storage in required front setback areas
shall be prohibited, except on driveways in front of garages that set back
a minimum of 20 feet from the front property line.
b. Side setback areas. Parking or storage in required side setback areas
(behind the rear line of the required front setback area) shall be allowed.
Newport Beach Zoning Code, Title 20 October 2010
Off -Street Parking
20.40
C. Rear setback areas without alleys. Parking or storage in required rear
setback areas shall be allowed.
d. Rear setback areas with alleys. Parking or storage in required rear
setback areas shall not be allowed.
20.40.100 — Off -Site Parking
A. Conditional Use Permit required. Approval of a Conditional Use Permit shall be
required for a parking facility or any portion of required parking that is not located on the
same site it is intended to serve.
B. Findings. In order to approve a Conditional Use Permit for an off site parking facility the
Commission shall make all of the following findings in addition to those required for the
approval of a Conditional Use Permit:
1. The parking facility is located within a convenient distance to the use it is
intended to serve;
2. On -street parking is not being counted towards meeting parking requirements:
3. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area; and
4. The parking facility will be permanently available, marked, and maintained for the
use it is intended to serve.
C. Parking agreement. A parking agreement, which guarantees the long term availability
of the parking facility for the use it is intended to serve, shall be recorded with the County
Recorder's Office. The agreement shall be in a form approved by the City Attorney and
the Director
D. Loss of off site Parking.
1. Notification of City. The owner or operator of a business that uses approved off
site parking facility to satisfy the parking requirements of this Chapter shall
immediately notify the Director of any change of ownership or use of the property
where the spaces are located, or changes in the use that the spaces are
intended to serve, or of any termination or default of the agreement between the
parties.
2. Effect of termination of agreement. Upon notification that the agreement for
the required off site parking has terminated, the Director shall establish a
reasonable time in which one of the following shall occur:
a. Substitute parking is provided that is acceptable to the Director; or
b. The size or capacity of the use is reduced in proportion to the parking
spaces lost.
October 2010 Newport Beach Zoning Code, Title 201M
20.40
20.40.110 — Adjustments to Off -Street Parking Requirements
Off -Street Parking
The number of parking spaces required by this Chapter may be reduced only in compliance with
the following standards and procedures.
A. ADA compliance. The Director may administratively reduce parking requirements due
to a loss of parking spaces because of ADA requirements associated with tenant
improvements.
B. Reduction of required off-street parking. Off-street parking requirements may be
reduced with the approval of a Conditional Use Permit in compliance with Section
20.52.020 (Conditional Use Permits and Minor Use Permits) as follows:
Reduced parking demand. Required off-street parking may be reduced with
the approval of a Conditional Use Permit in compliance with the following
conditions:
a. The applicant has provided sufficient data, including a parking study if
required by the Director, to indicate that parking demand will be less than
the required number of spaces or that other parking is available (e.g., City
parking lot located nearby, on -street parking available, greater than
normal walk in trade, mixed use development) ; and
A parking management plan shall be prepared in compliance with
Subsection C (Parking management plan), below
2. Joint use of parking facilities. Required off-street parking may be reduced with
the approval of a Conditional Use Permit where two or more nonresidential uses
on the same site or immediately adjacent sites have distinct and differing peak
parking demands (e.g. a theater and a bank). The review authority may grant a
joint use of parking spaces between the uses that results in a reduction in the
total number of required parking spaces in compliance with the following
conditions:
a. The most remote space is located within a convenient distance to the use
it is intended to serve;
b. The amount of reduction is no greater than the number of spaces
required for the least intensive of the uses sharing the parking;
C. The probable long-term occupancy of the structures, based on their
design, will not generate additional parking demand;
d. The applicant has provided sufficient data, including a parking study if
required by the Director, to indicate that there is no conflict in the peak
parking demand for the uses proposing to make joint use of the parking
facilities;
e. The property owners involved in the joint use of parking facilities shall
record a parking agreement approved by the Director and City Attorney.
The agreement shall be recorded with the County Recorder, and a copy
shall be filed with the Department; and
' J Newport Beach Zoning Code, Title 20 October 2010
Off -Street Parking
20.40
A parking management plan shall be prepared in compliance with
Subsection C (Parking management plan), below
C. Parking management plan. When a parking management plan to mitigate impacts
associated with a reduction in the number of required parking spaces is required by this
Chapter, the parking management plan may include, but is not limited to the following
when required by the review authority:
Restricting land uses to those that have hours or days of operation so that the
same parking spaces can be used by two or more uses without conflict;
2. Restricting land uses with high parking demand characteristics;
3. Securing off site parking in compliance with Section 20.40.100 (Off-site Parking);
4. Providing parking attendants and valet parking; and
5. Other appropriate mitigation measures.
D. Required Data. In reaching a decision to allow a reduction of required parking spaces,
the review authority shall consider data submitted by the applicant or collected/prepared
at the applicant's expense.
20.40.120 — Parking Management Districts
Properties within a parking management district, established through the PM (Parking
Management) Overlay District, may be exempted from all or part of the off-street parking
requirements of this Chapter in compliance with the provisions of the adopted parking
management district plan.
20.40.130 — In -lieu Parking Fee
The number of parking spaces required by Section 20.40.040 (Off -Street Parking Spaces
Required) may be reduced if the review authority authorizes the use of an in -lieu fee to be paid
by the applicant towards the development of public parking facilities. The in -lieu fee shall be
paid to the City-wide Parking Improvement Trust Fund. The amount of the fee and time of
payment shall be established by Council resolution.
October 2010 Newport Beach Zoning Code, Title 20
20.40
Off -Street Parking
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Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.42 — Sign Standards
Sections:
20.42.010 — Purpose
20.42.020 — Effect of Chapter
20.42.030 — General Provisions
20.42.040 — Definitions
20.42.050 — Prohibited Signs
20.42.060 — Provisions Applying to All Sign Types
20.42.070 — Standards for Permanent Signs
20.42.080 — Standards for Specific Types of Permanent Signs
20.42.090 — Standards for Temporary Signs
20.42.100 — Procedures for Sign Approval, Exemptions, and Revocations
20.42.110 — Modification Permit
20.42.120 — Comprehensive Sign Program
20.42.130 — Innovative Sign Program
20.42.140 — Nonconforming Signs
20.42.150 — Abandoned Signs
20.42.160 — Illegal Signs
20.42.170 — Maintenance Requirements
20.42.180 — Heritage Signs
20.42.010 — Purpose
The City of Newport Beach is a unique community located in an extraordinary environmental
setting. Because of the need to protect and enhance the City's unique character and aesthetic
standards, to protect public safety and property values, and to promote tourism through
enhanced aesthetic appeal, the Council finds that proper sign control is an important
governmental interest. Therefore, the intent of the standards in this Chapter is as follows:
A. Provide each sign user an opportunity for adequate identification while guarding against
the excessive and confusing proliferation of signs by appropriately regulating the time,
place, and manner under which signs may be displayed.
B. Preserve and enhance the community's appearance by regulating the type, size,
location, quality, design, character, scale, color, illumination, and maintenance of signs.
C. Encourage signs that are well designed and that attract and invite rather than demand
the public's attention.
D. Encourage the design of signs that are complementary to the buildings and uses to
which they relate and that are harmonious with their surroundings.
E. Ensure freedom of expression for sign uses, including noncommercial speech, by
maintaining a content -neutral approach to sign regulation.
October 2010 Newport Beach Zoning Code, Title 20
20.42
Sign Standards
F. Enhance the safety of motorists and pedestrians by minimizing the distraction of
intrusive signs, as well as to protect the life, health, property, and general welfare of City
residents and visitors.
G. Provide a review and approval process for signs to ensure compliance with the
requirements of this Chapter.
20.42.020 — Effect of Chapter
A. Regulatory scope. This Chapter regulates signs, as defined in this Chapter, that are
placed on private property or on property owned by public agencies other than the City
of Newport Beach and over which the City has zoning authority. Regulations for signs
on public property are codified in Municipal Code Chapter 13.20.
B. Applicability. The regulations in this Chapter shall apply to all signs in all zoning
districts that come within the regulatory scope as defined in Paragraph A, above, unless
specifically exempted. In addition, the provisions of Municipal Code Chapter 15.16
relating to building codes, sign permits, fees, penalties, and a method of enforcement
shall also apply. Applications for sign permits that comply with the requirements of this
Chapter, and other applicable laws, shall be approved. Sign Permits shall be required in
compliance with Section 20.42.100 (Procedures for Sign Approval, Exceptions, and
Revocations). Where approval of a Conditional Use Permit, variance, Modification
Permit, site plan review, or design approval has been obtained, any applicable
conditions of that approval shall supersede the requirements of this Chapter.
C. Sign permit required. A Sign Permit shall be required for all signs, including change of
copy allowed under the provisions of this Chapter. In addition, signs that require a Sign
Permit shall be subject to approval by the Director, Zoning Administrator, or Commission
in conjunction with their sign approval authority. Only signs that comply with the
provisions of this Chapter shall be approved. Additionally, the sign design guidelines
that have been adopted by the Council shall be applied to guide the Director, Zoning
Administrator, and/or Commission in administering this Chapter. Content of a
noncommercial message shall not be considered when any required sign permit
application is reviewed. Content of a commercial message shall be considered only to
the extent required to determine whether the sign is an on-site sign. Refer to Section
20.42.100 (Procedures of Sign Approval, Exceptions, and Revocations) for Sign Permit
requirements.
D. Nonconforming signs. An existing legally allowed sign that does not conform to the
requirements of this Chapter shall be deemed a nonconforming sign and shall be subject
to the requirements of Section 20.42.140 (Nonconforming Signs).
E. Planned community districts. In Planned Community (PC) Districts, sign regulations
contained in the planned community development plan shall supersede the requirements
of this Chapter. If the planned community development plan does not provide
regulations for a particular sign type or situation, the requirements of this Chapter shall
prevail. Service station signs in Planned Community Districts shall be subject to the
provisions of Subsection 20.42.080.K.3 (Service station signs) unless more restrictive
sign regulations are contained in the planned community development plan.
' Newport Beach Zoning Code, Title 20 October 2010
Sign Standards 20.42
F. Santa Ana Heights Specific Plan. Signs proposed in the Santa Ana Heights Specific
Plan area are subject to the provisions set forth in the Specific Plan document. The
regulations contained in the Santa Ana Heights Specific Plan shall supersede the
requirements of this Chapter.
20.42.030 — General Provisions
The policies, rules and regulations stated in this Section apply to all signs within the regulatory
scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific
provisions to the contrary.
A. Message neutrality. It is the City's policy to regulate signs in a constitutional manner
that is content neutral as to noncommercial messages and viewpoint neutral as to
commercial messages.
B. Regulatory interpretations. Interpretations of the requirements of this Chapter shall be
exercised in light of the City's message neutrality policy. Where a particular type of sign
is proposed and the type is neither expressly allowed nor prohibited by this Chapter, or
whenever a sign does not qualify as a "structure" as defined in the California Building
Code, then the review authority shall approve, conditionally approve, or disapprove the
application based on the most similar sign type that is expressly regulated by this
Chapter. Refer to Chapter 20.12 (Interpretation of Zoning Code Provisions).
C. Substitution of messages. Signs authorized by this Chapter are allowed to carry
noncommercial messages in lieu of any other commercial or noncommercial messages.
Substitution of messages may be made without additional approval or permitting
process. This provision prevails over any more specific provision to the contrary within
this Chapter. The purpose of this provision is to prevent an inadvertent favoring of
commercial speech over noncommercial speech, or favoring of any particular
noncommercial message over any other noncommercial message. This provision does
not create a right to increase the total amount of signage on a lot, nor does it affect the
requirement that a sign structure or mounting device be properly permitted.
D. Rules for non -communicative aspects of signs. Rules and regulations concerning
the non -communicative aspects of signs, (e.g., type, location, size, height, illumination,
spacing orientation, etc.), stand enforceable independently of any permit or approval
process.
E. Mixed use zones. In a zone where both residential and nonresidential uses are
allowed, the signage rights and responsibilities applicable to a particular use shall be
determined as follows: residential uses shall be treated as if they were located in the
residential area where that type of use would be allowed as a matter of right, and non-
residential uses shall be treated as if they were located in a zone where that particular
use would be allowed, either as a matter of right or subject to a Minor Use Permit,
Conditional Use Permit, or similar discretionary process.
F. Billboard policy. The City completely prohibits the construction, erection or use of
billboards, other than those that legally exist in the City, or for which a valid permit has
been issued and has not expired, as of the date on which this provision was first
adopted. The City adopts this policy in compliance with California Government Code
section 65850, California Business and Professions Code sections 5354(a) and 5408.3
(both effective January 1, 2003). Permits shall not be issued for billboards that violate
October 2010 Newport Beach Zoning Code, Title 20
20.42 Sign Standards
this policy, and the City will take immediate abatement action against billboards
constructed or maintained in violation of this policy. The Council affirmatively declares
that it would have adopted this billboard policy even if it were the only provision in this
Chapter. The Council intends for this billboard policy to be severable and separately
enforceable even if other provisions of this Chapter may be declared, by a court of
competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision
does not prohibit agreements to relocate existing, legal billboards, as encouraged by
Business and Professions Code Section 5412.
G. Property owners' consent. Signs shall not be displayed without the consent of the
legal owner of the property on which the sign is mounted or displayed. For purposes of
this policy, "owner" means the holder of the legal title to the property and all parties and
persons holding a present right to possession, control, or use of the property.
H. Legal nature of signage rights and duties. As to all signs attached to property, real or
personal, the signage rights, duties and obligations arising from this Chapter attach to
and travel with the land or other property on which a sign is mounted or displayed. This
provision does not modify or affect the law of fixtures, sign -related provisions in private
leases, mutual covenants or equitable servitudes regarding signs (so long as they are
not in conflict with this Chapter), or the ownership of sign structures.
Sign programs. Sign programs (comprehensive, innovative), voluntarily proposed for
specific developments and Planned Communities, as well as special sign districts or
special sign overlay zones, when approved by the Zoning Administrator and/or
Commission may modify the rules provided in this Chapter as to sign size, height,
illumination, spacing, orientation, or other non -communicative aspects of signs, but may
not override or modify any of the General Provisions in this Section. All of the provisions
of this Section shall automatically apply to and be deemed a part of any sign program
approved after the date on which this provision is initially adopted.
20.42.040 — Definitions
For purposes of this Chapter, the following definitions shall apply:
A -Frame Sign. A freestanding portable sign typically constructed of wood, metal, or plastic.
These signs are usually small and are removed at the close of business. They are typically
hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape
similar to the letter A.
Abandoned Nonconforming Sign. A nonconforming sign that is advertising a use that has
ceased or is located upon a structure that has been abandoned by its owner, for more than 90
days.
Abandoned Sign. A sign that is advertising a use that has ceased; is located upon a structure
that has been abandoned by its owner; does not identify or advertise a current bona fide
business, lessor, service, owner or product available upon the site; or that identifies or
advertises an event or activity that has occurred.
Animated Sign. A sign that uses movement, lighting, or special materials to depict action or
create a special effect or scene. This classification includes wind -actuated (e.g., balloons,
bunting, pennants, streamers, whirligigs) or other similar devices.
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards 20.42
Awning. A roof -like structure usually covered in fabric (e.g., canvas) that projects from the wall
of a building for the purpose of shielding a doorway or window from the elements.
Awning Sign. A sign painted on, printed on, or attached to the surface of an awning.
Back -lit Awning. An internally illuminated, fixed, space -frame structure with translucent,
flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to
the visible surface of the awning.
Banner Sign. A sign made of fabric or any nonrigid material with no enclosing framework.
Billboard. A permanent structure used for the display of offsite commercial messages.
Building Frontage. The building elevation that fronts on a street, alley, driveway, parking area,
pedestrian plaza, walkway, courtyard, arcade, or waterway.
Building Frontage, Primary. The building frontage that is designated by an applicant as the
"primary frontage" for the purpose of determining the applicable sign standards and that does
not face a residential district.
Building Frontage, Secondary. The building frontage that is designated by an applicant for a
Sign Permit as a "secondary frontage" for the purpose of determining the applicable sign
standards, and that does not immediately face a residential zoning district.
Building Sign. A sign attached to or painted on a building.
Building Marker. A sign indicating the name of a building and date and incidental information
about its construction, which is cut into a masonry surface or made of bronze or other
permanent material.
Cabinet Sign. A sign that has one or more plastic, acrylic, or similar material faces (panels)
that may or may not be internally illuminated. The sign panels may be either flat or shaped
("pan face") and are attached to a metal frame (cabinet).
Canopy Sign. A sign located on a permanent roof -like structure or canopy of rigid or fabric
materials extending from the main entrance of a building.
Changeable Copy Sign (electronic). A sign with changeable copy that is changed by
incorporating video display, flip -disks, incandescent lamps, fluorescent lamps, fiber optics, light -
emitting diodes, liquid crystal displays, plasma -displays, field emission displays, or any other
mechanical or light -emitting matrix to convey changing copy or images. Also considered an
animated sign.
Changeable Copy Sign (manual). A sign with changeable copy that is manually changed,
regardless of method of attachment or materials of construction. This classification includes
bulletin boards, and changeable copy signs on marquees. Does not include electronic message
boards with lighted displays.
Commercial Mascot. Humans or animals used as advertising devices for commercial
establishments, typically by the holding or wearing of insignia, masks or costumes associated
with or advertising the commercial establishment (e.g., sign twirlers, sign clowns).
October 2010 Newport Beach Zoning Code, Title 20
20.42 Sign Standards
Commercial Message. A message displayed on a sign that relates primarily to economic
interests (e.g., the exchange of goods or services). This definition shall also include any court
rulings defining the term "commercial speech."
Construction Project Sign. A temporary sign displayed on the site of a construction project
during the period of construction that provides information about the project, which may contain
the names of architects, landscape architects, engineers, and contractors working on the
project, future tenants, finance institutions, real estate representatives, and similar
persons/organizations involved in the project begins with the issuance of a building permit, or its
functional equivalent, and ends with the issuance of the earliest of the following: a certificate of
completion, a certificate of occupancy, a final inspection sign -off, or the functional equivalent of
any of them.
Copy. The graphic content of a sign surface in either permanent or removable letter,
pictographic, symbolic, or alphabetic form.
Directional Sign. An on -premise sign giving directions, instructions, or facility information of an
establishment but no advertising copy, e.g., parking or exit and entrance signs.
Directory Sign. A sign listing the tenants or occupants of a building or building complex.
Display Surface. The area made available by the sign structure for the purpose of displaying
the advertising message.
Double -Faced Sign. A sign designed with the intent of providing copy on both sides
Electrical Raceway. A utilitarian metal channel used for the electrical components of an
illuminated sign; and not designed as an architectural feature.
Establishment. A legal, nonresidential use of land to conduct a commercial or noncommercial
activity. By way of example and not limitation, "establishment" includes stores, offices,
churches, hospitals, manufacturing facilities, etc. Does not include home-based occupations or
hobbies.
Externally Illuminated Sign. A sign illuminated from an exterior light source.
Fagade. The entire building elevation, including the parapet.
Face of Sign. The area of a sign on which the copy is placed.
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards 20.42
Facia. Typically, the smooth wall surface between a window and the parapet.
Flag. A rectangular piece of fabric of distinctive design that is used as a symbol, as a signage
device, or as a decoration.
Freestanding Sign. A sign supported permanently upon the ground by a structure and not
attached to a building. This includes pylon signs, blade signs, and ground -mounted signs
(monument signs).
Frontage, Street. The length of the property line of a lot along a right-of-way on which it
borders.
Fuel Price Sign. A sign containing prices and grades of fuel for sale at a service station
Future Tenant Sign. A sign identifying a building tenant or occupant that has not yet occupied
the building or opened its establishment.
Illegal Sign. A sign that does not meet the requirements of this Chapter and that is not a legal
nonconforming sign.
Illuminated Sign. A sign with an artificial light source for the purpose of decorating, outlining,
accentuating, or brightening the sign area.
Innovative Sign. A sign that incorporates design elements, objects, shapes, materials or
techniques that may cause the sign to not conform to certain dimensional or placement
requirements of this Code, approval of which is subject to meeting the objective criteria
described in Section 20.42.130 (Innovative Sign Program), below.
Internally Illuminated Sign. A sign illuminated from an interior light source contained within the
sign cabinet.
Incidental Sign. A small sign, emblem, or decal informing the public of the facilities, trade
affiliation, or services available on the premises, e.g., a credit card sign or a sign indicating
hours of business or presence of parking.
Indirectly Illuminated Sign. A sign whose illumination is derived entirely from an external
artificial source that is arranged to illuminate the sign area only.
Inflated Display Sign. A three-dimensional object filled or activated by moving or non-moving
air or other gas, located, attached, or tethered to the ground, site, merchandise, structure, or
roof and used as a sign or to attract attention. This definition does not include inflated
gymnasium devices commonly used for children's parties.
Logo. A sign consisting of a trademark or symbol used to identify a business.
Luminous Tube Signs. A sign that consists of or is illuminated by exposed electrically -charged
gas-filled tubing, (e.g., neon and argon signs), or by fiber optics.
Monument Sign. A freestanding sign supported by a solid architectural element at its base
October 2010 Newport Beach Zoning Code, Title 20
20.42 Sign Standards
Mural. An artistic image or design painted or affixed to the exterior surface of a structure that
does not contain a commercial or noncommercial text or message.
Nameplate. A sign indicating the name and/or address of a building or occupant.
Nonconforming Sign. A sign, outdoor advertising structure, or display that was originally
lawfully erected and maintained, but which does not conform to the current standards of this
Chapter or is now prohibited. Signs that do not conform with the current standards of this
Chapter or are now prohibited but were erected in compliance with an approved variance,
Modification Permit, Conditional Use Permit and/or the Comprehensive Sign Program do not fall
within the definition of nonconforming signs.
Noncommercial Message. A sign message that is not commercial in nature. This definition
shall automatically incorporate court rulings defining the term "noncommercial speech."
Off site Message. A message on a sign that advertises a business, accommodation, service,
or activity not provided on the premises on which the sign is located. This classification includes
billboards. The off site/on-site distinction applies only to commercial messages.
On-site Message. A message on a sign advertising the business, accommodations, services,
or activities provided on the premises on which the sign is located. The off site/on-site
distinction applies only to commercial messages.
Painted Wall Sign. A sign that is applied with paint or similar substance on the surface of a
wall, including fences.
Parapet. The extension of a false front or wall above a roofline.
Pedestrian Sign. A sign designed to be viewed at a pedestrian level.
Permanent Sign. A sign designed with durable materials and intended to be used in excess of
60 days per calendar year.
Pole Sign. A sign that is supported by a single pole or similar support structure so that the
bottom edge of the sign is one foot or more above grade.
Portable Sign. Any sign designed to be moved easily and not permanently affixed to the
ground or to a structure or building.
Projector Sign. A sign that is projected onto a surface using an intense source of illumination
to project the image.
Projecting Sign. A sign that projects from and is supported by a wall of a building.
Projection. The distance by which a sign extends from the building it is supported by.
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards 20.42
max -
projection
SIGN
Promotional Temporary Banner. A temporary sign or banner displayed by an establishment
to advertise temporary events (e.g., sales, seasonal events, liquidation sales, and going out of
business sales).
Public Service Sign. Signs of utilities or other publicly regulated service providers indicating
danger, and similar aids to service or safety, including official advisory and signal flags.
Pylon Sign. A sign that is supported by 2 or more uprights, poles, or braces in or upon the
ground that are not a part of a building or enclosed within the exterior walls of a building and are
separated from any other structures by a distance of at least 6 inches. This includes a sign that
is supported by 2 or more poles that are surrounded by a decorative cover to form one solid
sign support.
Real Estate Sign. A sign advertising real property for sale, exchange, lease, or rent, but not
including signs advertising transient occupancy (e.g., hotel or motel accommodations).
Residential Name or Identification Sign. A sign identifying the name or address of a
residence and/or its occupants.
Restaurant Menu Sign. Menus displayed on the exterior premises of a restaurant, visible from
the public right-of-way.
Rider. A small sign attached to a larger sign and intended to convey information not
conveniently incorporated into the text of the larger sign.
Roof Line. The top edge of a roof or building parapet, whichever is higher, excluding any
mansards, cupolas, pylons, chimneys, or minor projections.
Roof Sign. A sign erected upon or above a roof of a building.
Sign. Any device, fixture, placard or structure, including its component parts, that draws
attention to an object, product, place, activity, opinion, person, establishment, institution,
organization, or place of business, or that identifies or promotes the interests of any person and
that is to be viewed from any public street, road, highway, right-of-way or parking area.
The following are not within the definition of "sign" for regulatory purposes of this Chapter:
October 2010 Newport Beach Zoning Code, Title 20 I
20.42
Sign Standards
Interior signs. Signs or other visual communicative devices that are located
entirely within a building or other enclosed structure and are not visible from the
exterior thereof or located at least 5 feet from the window, provided the building
or enclosed structure is otherwise legal;
2. Architectural features. Decorative or architectural features of buildings (not
including lettering, logos, trademarks, or moving parts);
3. Symbols embedded in architecture. Symbols of noncommercial organizations or
concepts, including religious or political symbols, when these are permanently
integrated into the structure or a permanent building that is otherwise legal; also
includes foundation stones, corner stones and similar devices;
4. Manufacturers' marks. Marks on tangible products that identify the maker, seller,
provider or product, and that customarily remain attached to the product even
after sale;
5. Fireworks and other lights. The legal use of fireworks, candles and artificial
lighting not otherwise regulated by this Chapter.
6 Newsracks or newsstands.
7. Legally required information, including public notices, registration, or licensing
information, etc.
8. Murals.
Sign Structure. The sign, and the supports, uprights, braces, and framework of the sign.
Super Graphic. Images, graphic elements, and logos, including required corporate logos that
are affixed to or painted on a structure that may not be the textual portion of a sign.
Temporary Sign. A sign, banner, pennant, valance, or advertising display constructed of cloth,
canvas, fabric, cardboard, wall board, or other light nondurable materials, with or without
frames, designed to be displayed for a limited period of time.
Tenant Frontage. That portion of a multi -tenant building facade that is devoted to a single
tenant.
Valance. The part of an awning that hangs vertically down from the shed (sloped) portion of an
awning.
Vehicle Sign. A sign painted, affixed, or placed upon a vehicle, or trailer that is designed to be
towed behind a vehicle. On street legal vehicles, the following insignia are not considered to be
"Vehicle Signs," and are not regulated as Vehicle Signs:
1. License plates;
2. License plate frames;
3. Registration insignia;
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
20.42
4. Noncommercial messages painted on or otherwise attached in a manner so that
the vehicle can be legally operated on public rights-of-way, or any
noncommercial message that does not exceed a total of 3 square feet in size;
5. Messages on a vehicle the primary purpose of which is to be used in the regular
course of business to transport the personnel or products, or to provide the
services (not including general advertising) that are advertised by the messages
on the vehicle, provided that the messages are painted or otherwise attached in
a manner so that the vehicle can be operated on public rights-of-way;
6. Commercial messages that do not exceed a total of 3 square feet in size; and
7. Commercial messages on duly licensed mass transit vehicles that pass through
the City.
Wall Sign. A sign attached to, erected against or painted upon the wall of a building or
structure, the face of which is in a single plane parallel to the plane of the wall.
Window Sign. A sign that is applied or attached to a window or located within 5 feet of the
inside of a window in manner that it can be seen from the exterior of the structure.
20.42.050 — Prohibited Signs
The following signs and sign types shall be prohibited throughout all zoning districts of the City.
A. Painted signs. Painted signs on fences or roofs except addresses.
B. Hazardous location. Signs located in a manner that the sign or a portion of the sign or
sign supports interfere with the free use of a fire escape, exit or standpipe, or obstruct a
required door, stairway, ventilator, window, or public way or are otherwise hazardous.
C. Signs with off site commercial messages. Signs shall not advertise a business,
accommodation, service or activity not provided on the premises on which the sign is
located. The off site/on-site distinction shall only apply to commercial messages.
D. Beams of light. No person shall erect or maintain any device that directs a beam of
light, including klieg lights and searchlights, in a flashing sequence toward any street or
highway, nor shall any person erect or maintain any illuminated sign or similar device
that interferes with the visibility of any official traffic control device or warning signal.
E. Luminous tube lighting (eg., Neon, Rope Lighting). Luminous tube lighting shall not
be used to outline or frame doors and/or windows.
F. Prohibited sign types:
A -frame signs;
2. Animated signs;
3. Changeable copy signs, except as a component of another type sign allowed
through the Comprehensive Sign Program;
October 2010 Newport Beach Zoning Code, Title 201M
20.42
Sign Standards
4. Commercial mascots;
5. Inflated display signs;
6. Pole signs;
7. Roof signs, unless a variance is granted; and
8. Vehicle signs, subject to the definition of Vehicle Signs in Section 20.42.040
(Definitions), above.
20.42.060 — Provisions Applying to All Sign Types
A. Compliance required. No person shall erect, re -erect, construct, enlarge, alter, change
copy, repair, move, improve, remove, convert, or equip any sign or sign structure, or
paint a new wall sign, in the City, or cause or permit the same to be done, contrary to or
in violation of any of the provisions of this Code.
B. Uncertainty of Chapter provisions. The Commission shall have the authority to
interpret the provisions of this Chapter at the request of the Director, or when an appeal
for a decision of the Director is filed with the Commission.
C. Sign construction. All signs that are not temporary signs shall be constructed of
permanent materials, including but not limited to metal, wood, acrylic, or other
comparable durable weatherproof materials. No material more combustible than treated
wood shall be used in the construction of any permanent sign.
D. Sign area computation.
The allowed sign area for a building sign is calculated by first determining if the
sign is to be placed on a "primary" or "secondary" building/tenant frontage (as
defined in this Chapter) and then referring to the tables in Section 20.42.070
(Standards for Permanent Signs). The allowed sign area for a freestanding sign
is determined by the number of linear feet of the street frontage where the sign is
to be placed in compliance with the tables in Section 20.42.070.
2. The entire area contained within the frame, cabinet, fixture, or design, including
all ornamentation, super graphics, or other decoration used to attract attention
that can be enclosed in no more than 4 lines drawn at right angles shall be
included in the measurement of sign area. In the case of "skeleton" or "cut-out"
letters or signs placed on a wall without any borders, the sign area shall be the
sum of the area of all letters, words, logos, or symbols within a single continuous
perimeter with no more than 4 lines drawn at right angles (square or rectangle).
(See Illustration Below.)
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
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20.42
3. Only one face of a double-faced sign shall be counted in computing the permitted
area of the sign. Double-faced (back-to-back) signs shall be regarded as a
single sign when the sign is mounted on a single structure, and the distance
between each sign face does not exceed 2 feet at any point. If the sign is multi -
faced, then each face shall be counted in computing the permitted area of the
sign.
4. Supporting framework or bracing that is clearly incidental to the sign shall not be
computed as sign area.
5. Where a sign consists of one or more three-dimensional objects (i.e., balls,
cubes, clusters of objects, sculpture, or statue -like trademarks), the sign area
shall be measured as their maximum projection upon a vertical plane. Signs may
not contain three-dimensional objects that exceed a projection of 6 inches from
the sign face, unless the signs are allowed as part of an approved Innovative
Sign Program.
E. Sign height measurement. The height of a sign shall be measured from the highest
part of the sign, including any decorative features, to the grade of the adjacent street or
the surface grade beneath the sign, whichever the Director determines is appropriate
given the physical characteristics of the site.
October 2010 Newport Beach Zoning Code, Title 20
EMBLEM
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20.42
3. Only one face of a double-faced sign shall be counted in computing the permitted
area of the sign. Double-faced (back-to-back) signs shall be regarded as a
single sign when the sign is mounted on a single structure, and the distance
between each sign face does not exceed 2 feet at any point. If the sign is multi -
faced, then each face shall be counted in computing the permitted area of the
sign.
4. Supporting framework or bracing that is clearly incidental to the sign shall not be
computed as sign area.
5. Where a sign consists of one or more three-dimensional objects (i.e., balls,
cubes, clusters of objects, sculpture, or statue -like trademarks), the sign area
shall be measured as their maximum projection upon a vertical plane. Signs may
not contain three-dimensional objects that exceed a projection of 6 inches from
the sign face, unless the signs are allowed as part of an approved Innovative
Sign Program.
E. Sign height measurement. The height of a sign shall be measured from the highest
part of the sign, including any decorative features, to the grade of the adjacent street or
the surface grade beneath the sign, whichever the Director determines is appropriate
given the physical characteristics of the site.
October 2010 Newport Beach Zoning Code, Title 20
20.42 Sign Standards
F. Maximum letter/logo height. The maximum height of any letter, text, logo, or symbol
shall be 36 inches.
G. Sign removal or replacement. When a sign is removed, all brackets, poles, and other
structural elements that supported the sign shall also be removed. Affected building
surfaces shall be restored to match the adjacent portion of the building.
H. Illuminated signs and lights. The following standards shall apply to all illuminated
signs:
Sign illumination shall not interfere with the use and enjoyment of adjacent
properties, create a public nuisance, or create public safety hazards. Exterior
light sources shall be shielded from view and directed to illuminate only the sign
face.
2. Signs may be internally or externally illuminated. Internal illumination is
permitted only if the sign background is opaque and the only portion of the sign
that appears as illuminated is the actual lettering and/or a registered trademark
or logo.
3. The light from an illuminated sign shall not be of an intensity or brightness or
directed in a manner that will create a negative impact on residential properties in
direct line of sight to the sign including signs that face Newport Bay.
4. Colored lights shall not be used at a location or in a manner so as to be confused
or construed as traffic control devices.
5. Reflective -type bulbs and incandescent lamps that exceed 15 watts shall not be
used on the exterior surface of signs so that the face of the bulb or lamp is
exposed to a public right-of-way or adjacent property.
6. Light sources shall utilize energy-efficient fixtures to the greatest extent possible.
7. Each illuminated sign shall be subject to a 30 -day review period, during which
time the Director may determine that a reduction in illumination is necessary due
to negative impacts on surrounding property or the community in general. In
addition, and at any time, the Director may order the dimming of any illumination
found to be excessively bright. The Director's determination will be made without
regard to the message content of the sign.
20.42.070 — Standards for Permanent Signs
Tables 3-16 provide regulations for permanent signs in residential, nonresidential, institutional,
and open space zoning districts. References in the last column provide additional regulations
for specific sign types located elsewhere in this Chapter. In the case of an inconsistency
between regulations provided in the tables and regulations provided for specific sign types, the
regulations for specific sign types shall take precedence.
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
20.42
A. Signs allowed in residential zoning districts.
TABLE 3-15
SIGNS ALLOWED IN RESIDENTIAL ZONING DISTRICTS
Sign Class
Allowed Sign
Maximum
Maximum Sign
Maximum Sign
Location
Lighting
Additional
Types
Number
Area
Height
Requirements
Allowed
Requirements
Name plate
Single-family
Wall
One per single-
2 sq. ft.
Below eave of
Near main
Internal
Name and
family use
roof or parapet
entrance
only
address only
uses
Identification
Wall or ground
One per multi-
Below eave of
Near main
Yes
Cabinet signs
sign
sign
unit use
12 sq. ft.
roof or parapet for
entrance
not allowed
Multi -unit uses
wall sign
Residential
At primary
community
Wall or ground
2 per primary
40 sq. ft. total
6 ft
entrances to
Indirect
Cabinet signs
identification
entrance
residential
only
not allowed
signs
community
Signs for
Below eave of
allowed
Wall or ground
One per use
12 sq. .
ft
roof parapet for
Near main
Yes
Cabinet signs
nonresidential
sign
si
sign
wall s
entrance
not allowed
uses
October 2010 Newport Beach Zoning Code, Title 20
20.42
Sign Standards
B. Signs allowed in commercial, industrial zoning districts.
TABLE 3-16
SIGNS ALLOWED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
Sign Class
Allowed Sign
Types
Maximum
Number
Maximum Sign Area
Maximum Sign
Height
Location
Requirements
Lighting
Allowed
Additional
Requirements
1. On-site sign.
One freestanding
sign allowed per
site.
Freestanding
May be used in
Not to exceed
Located on
signs.
combination with
20 ft. in height
street frontage
other allowed
for pylon signs,
only. At least
See 20.42.080
Permitted on
building signs.
1.0 sq. ft. of sign area
or 8 ft. maximum
15 feet from
for sign
sites with
Additional signs
per lineal foot of primary
height and 6 ft.
any building
Yes
standards for
minimum 50 ft. of
for sites with
street frontage, 75 sq. ft.
maximum
sign and 50
freestanding
frontage.
more than 300
max per sign
average height
feet from any
signs.
linear feet of
for monument
freestanding
street frontage
signs.
sign on an
through the
adjacent site.
approval of a
Comprehensive
Sign Program.
2. On-site sign.
1.5 sq. ft. of sign area
Primary
One sign per
per lineal foot of primary
Shall not extend
frontage.
Building signs.
primary building
building frontage or
above adjacent
or tenant
a total for
tenant frontage
parapet or roof
Wall, projecting,
frontage. May be
any combination of
building signs and
or above bottom
of lowest
See 20.42.080
window, and
wall, projecting,
window signs. 75 sq. ft.
second -story
Yes
for sign
awning signs.
window, or
awning signs. ���
maximum sign area per
window or third -
standards by
sign type
Roof sign only
Second story,
sign.
story window for
with variance.
window or awning
20 sq. ft. max for
projecting signs. Window
projecting
signs.
signs only. (Z)
signs, 20% max of each
window area.
WIN to : Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
TABLE 3-16
SIGNS ALLOWED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
20.42
Sign Class
Allowed Sign
Maximum
Maximum Sign Area
Maximum Sign
Location
Lighting
Additional
Types
Number
Height
Requirements
Allowed
Requirements
3. On-site sign.
Secondary
One sign per
o
50% of sign area
Shall not extend
frontage.
secondary
allowed for primary
above adjacent
Building signs.
building or tenant
building frontage total for
parapet or roof
frontage. May be
combination of any
or above bottom
See 20.42.080
Wall, projecting,
wall, projecting,
building signs.
of lowest second
Yes
for sign
window, and
window, or
���
10 sq. ft. max for
story window or
standards by
awning signs
awning sign.
Second story,
projecting signs Window
third -story
window for
sign type
window or awning
o
signs, 25% max of each
projecting signs
signs only. (2)
window area.
(2)
One per
Near main
4. On-site
Building signs.
establishment.
10 ft. maximum.
entrance and
See 20.42.080
sign.
Pedestrian
Allowed in
3 sq. ft. of sign area.
8 ft. of clearance
oriented to
No
for sign
oriented sign.
Flush -mounted
combination with
below bottom of
pedestrians.
standards by
or projecting.
other building
projecting sign.
Not above 10
sign type
signs.
ft.
5. On-site sign.
Canopy sign
Two per canopy if
Shall be part of and shall
Not above upper
Signs shall be
Entry canopy
both are not
not exceed limitation of
most part of
placed on
No
sign
visible at the
entry canopy.
canopy.
outer faces of
same time.
canopy only.
6. Business
Wall or ground
One per multi-
8 sq. ft. of sign area.
8 ft. maximum.
Near main
See 20.42.080
directory.
sign
tenant site.
6 ft. maximum
entrance and
No
for sign
Multi -tenant
average.
oriented to
standards by
site
pedestrians.
sign type
The number of allowed building -mounted signs is one per primary frontage and one per secondary frontage. Building signs include wall,
projecting, window, and awning signs. All other signs (i.e., pedestrian oriented signs, entry canopy signs, multi -tenant directory sings, and
temporary signs are not included in this restriction.
(2) Wall signs are allowed for multi -tenant buildings for second story occupancies with exterior entrances.
October 2010 Newport Beach Zoning Code, Title 20 i
20.42
Sign Standards
C. Signs allowed in open space, PI, and PF zoning districts.
TABLE 3-17
SIGNS ALLOWED IN OS, PI, PR, AND PF ZONING DISTRICTS
Sign Class
Allowed Sign
Types
Maximum Number
Maximum Sign Area
Maximum
Sign Height
Location
Requirements
Lighting
Allowed
Additional
Requirements
1. On-site sign.
Freestanding
One freestanding
signs.
monument sign
allowed per site.
Permitted on
May be used in
Located on street
sites with
combination with
frontage only. At
minimum 50 ft.
other allowed
1.0 sq. ft. of sign area
least 15 feet from
See 20.42.080
of frontage.
building signs.
per lineal foot of primary
any building sign
for sign
Additional signs for
street frontage, 75 sq. ft.
8 ft
and 50 feet from
Yes
standards for
sites with more than
max per sign
any freestanding
freestanding
300 linear feet of
monument signs.
street frontage
sign on an
through the approval
adjacent site.
of a Comprehensive
Sign Program.
2. On-site sign.
Building
1.0 sq. ft. of sign area
Shall not
Primary
per lineal foot of primary
extend above
frontage.
signs.
One sign per
building frontage or
adjacent
Wall and
primary building
tenant frontage total for
parapet or
See 20.42.080
frontage. May be
any combination of
roof or above
Yes
for sign
awning signs.
wall or awning signs.
building signs and
bottom of
standards by
(1) Second story
window signs. 50 sq. ft.
lowest
sign type
awning signs only. (2)
maximum sign area per
second -story
sign.
window.
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
TABLE 3-17
SIGNS ALLOWED IN OS, PI, PR, AND PF ZONING DISTRICTS
20.42
Sign Class
Allowed Sign
Maximum Number
Maximum Sign Area
Maximum
Location
Lighting
Additional
Types
Si n Hei ht
Requirements
Allowed
Requirements
3. On-site sign.
Shall not
Secondary
One sign per
extend above
frontage.
Building
secondary building
o
50% of sign area
adjacent
See 20.42.080
signs.
frontage. May be
allowed for primary
parapet or
for sign
wall or awning sign.
building frontage total for
roof or above
Yes
standards by
Wall and
Second storywning
an combination of
bottom of
sign type
awning signs
a signs only. (2)
a
building signs.
lowest
second story
window (2)
Building
10 ft.
signs.
One per
Maximum. 8
Near main
See 20.42.080
4. On-site sign.
establishment.
ft. of
entrance and
for sign
Pedestrian
Flush-
Allowed in
3 sq. ft. of sign area.
clearance
oriented to
No
standards by
oriented sign.
mounted or
combination with
below bottom
pedestrians. Not
sign type
projecting.
other building signs.
of projecting
above 10 ft.
sign.
5. On-site sign.
Canopy sign
Two per canopy if
Shall be part of and shall
Not above
Signs shall be
Entry canopy
both are not visible
not exceed limitation of
upper most
placed on outer
No
sign
at the same time.
entry canopy.
part of
faces of canopy
canopy.
only.
6. Directory sign
Wall or ground
One per multi -tenant
8 sq. ft. of sign area.
8 ft.
Near main
See 20.42.080
sign
site.
maximum.
entrance and
for sign
6 ft.
oriented to
No
standards by
maximum
pedestrians.
sign type
average.
The number of allowed building -mounted signs is one per primary frontage and one per secondary frontage. Building signs include
wall, projecting, window, and awning signs. All other signs (i.e., pedestrian oriented signs, entry canopy signs, multi -tenant directory
sings, and temporary signs are not included in this restriction.
c2� Wall signs are allowed for multi -tenant buildings for second story occupancies with exterior entrances
October 2010 Newport Beach Zoning Code, Title 20
20.42
Sign Standards
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Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
20.42.080 — Standards for Specific Types of Permanent Signs
A. Awning signs.
20.42
Lettering, logos, symbols, and graphics are allowed on up to 50 percent of the
area of a shed (slope) portion of the awning and valance portion of the awning.
Signs shall be applied flat against the awning surface. In the case of a barrel
shaped (curved) awning, signs shall not occupy more than 60 percent of the
bottom 12 inches of the awning.
2. Only permanent signs that are an integral part of the awning shall be allowed.
Temporary signs shall not be placed on awnings.
3. Awning signs shall be allowed for first and second story commercial occupancies
only.
4. Awnings shall conform to the size and shape of the window or door they are
above. Overly large awnings and awnings with unusual shapes designed for the
purpose of providing additional sign area are not allowed. The upper most part
of an awning shall not be located more than 2 feet above a window or door.
5. Awnings shall not be lighted from under the awning (back -lit awning) so that the
awning appears internally illuminated. Lighting directed downwards that does not
illuminate the awning is allowed.
6. A minimum of 8 feet of clearance shall be provided between the lowest part of an
awning and the grade below.
3
E
October 2010 Newport Beach Zoning Code, Title 20
20.42
Sign Standards
B. Changeable copy signs. A sign that contains a changeable copy element may be
permitted through the approval of a Comprehensive Sign Program in compliance with
Section 20.42.120 (Comprehensive Sign Program) provided the changeable copy
element is a component of another sign type permitted under the provisions of this
Chapter. Approval shall not be based on message content.
C. Freestanding signs.
Freestanding signs include ground -mounted signs (monument) and pylon signs,
which may either have a solid base or a base comprised of 2 legs. If legs are
provided, the proportional dimensions of the sign shall comply with the
requirements of paragraph 3.c., below.
2. Freestanding signs shall be allowed only for lots with at least 50 feet of frontage
adjoining a public street. In addition, pylon signs are only allowed when a
building is set back from the front property line a minimum of 40 feet.
3. Freestanding signs shall not exceed the following maximum height dimensions
and shall not exceed the proportional dimensions provided below:
a. Pylon sign: Maximum height = 20 feet
b. Monument sign: Maximum average height = 6 feet; Maximum overall
height = 8 feet, including decorative elements and architectural features
C. Proportional dimensions shall be as follows:
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
1) Pylon Sign
Maximum W = 30% x H
Maximum LH = 33% x H
Maximum O = 50% x W
Minimum LW = 25% x W
2) Monument Sign
H= height inclusive of the base
W= width exclusive of the base
Maximum W= 1.5 x average H
17 11
max.
avg. he
max. 6'
height
d 9�aae
V
30% of H�
H =height
SIGN W =width
AREA LW -leg width
LH = leg heighr
max. 0 = ope nine
height 0-
20' 50%ofW
IH = 33% of H
LW =25°b o1` VV
max. W-
1.5 x average
height
max. SIGN AREA
avg. height
6'
BASE
H = height including base
W = width
----- -----
max,
height
SIGN AR EA
max.
8'
avg. height
6'
BASE
4
October 2010 Newport Beach Zoning Code, Title 20
20.42
20.42
Sign Standards
4. Freestanding signs shall be set back a minimum of 5 feet from a street or interior
property line and a minimum of 10 feet from the edge of a driveway.
5. To ensure the readability of freestanding signs, the minimum letter size allowed
shall be 6 inches. Sign copy shall not be located closer than one half -letter
height to the sign edge or other line of copy.
6. There shall be a minimum of 50 feet between freestanding signs on adjoining
sites to ensure adequate visibility for all signs.
7. Freestanding signs shall be a minimum of 50 feet from a lot line of any
residentially zoned property.
9. Freestanding signs shall not project over any building, or over any on-site
driveway or vehicle circulation area.
10. The supporting structure of a pylon sign shall not include exposed metal pole(s),
but shall be surrounded by a decorative cover that is architecturally compatible
with the sign cabinet and the architectural character of buildings on the site.
11. Landscaping with automatic irrigation shall be provided at the base of the
supporting structure equal to twice the area of one face of the sign or 75 square
feet, whichever is greater. For example, 40 sq. ft. of sign area = 80 sq. ft. of
landscaped area. The Director may waive or modify this requirement on a case-
by-case basis to take into account existing conditions.
12.. Freestanding signs shall contain an address plate identifying the subject
property. Numbers shall be a minimum of 6 inches in height and shall be clearly
visible from the public right-of-way. Address plates shall not be calculated
against the allowed sign area. (See following illustration.)
SIGN
4D23.Newport Bou6vard - ;
Ground Sign with Appropriate Address
D. Luminous Tube Signs. The use of luminous tubes for signs shall be allowed in
commercial zoning districts only subject to the following requirements:
1. Luminous tube signs shall be UL (Underwriters Laboratories) listed with a
maximum 30 milliamps per circuit and be designed to accommodate a dimmer in
order to reduce the brightness of the sign;
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
2. The manufacturer shall be registered with Underwriters Laboratories;
3. Tubing shall not exceed one half inch in diameter;
20.42
4. Luminous tube lighting adjacent to residential uses shall not exceed one half
footcandle measured at the property line;
5. Luminous tubes shall not be combined with any reflective materials (e.g., mirrors,
polished metal, highly glazed tiles, or other similar materials; and
6. Luminous tube lighting that surrounds a window, door, or similar element is not
allowed.
E. Pedestrian -oriented signs.
1. Signs may be placed perpendicular to the building fagade (projecting) or
mounted flat against the wall near the building entrance.
2. Supporting arms or frames for projecting signs shall be of a decorative design
compatible with the design of the sign.
3. Double-faced projecting signs shall be considered a single -face sign for the
purpose of calculating sign area.
F. Projecting Signs.
1. Signs shall not project more than 5 feet over public property and shall not project
to within 2 feet of the curb line. The distance any sign may project over public
property or beyond a required setback line shall be as follows:
Distance above sidewalk or grade
g'-10'
>10'-12'
>12' and up
immediately below sign.
Maximum projection over property line or
3'
4'
5'
building line.
October 2010 Newport Beach Zoning Code, Title 20
20.42
Sign Standards
Projecting Sign
Line 'A." At street
corners, signs may
extend to Line 'A"
at an angle of 451,
5'
4'
3'
12`
1a�
s1
0
Maximum Sign Projection
2. The thickness of any portion of a sign that projects over public property or
beyond a setback line shall be as follows:
Projection
5'
4'
3'
2'
Maximum thickness
2'
2'-8"
3'-4"
4'
3. Maximum sign area shall be 20 square feet for a primary frontage and 10 square
feet for a secondary frontage.
4. Projecting signs shall provide a minimum vertical clearance of 8 feet above the
surface over which they project.
5. Projecting signs shall not project into an alley or parking area more than 36
inches and shall not be less than 14 feet above the surface where vehicles are
allowed.
6. Internally illuminated projecting signs shall have opaque face panels so that only
the letters, number, symbols, or logos appear illuminated.
7. Projecting signs shall not be closer than 10 feet to another projecting sign or to a
freestanding sign or 5 feet from an interior property line or line dividing 2
separate business frontages.
8. Projecting signs shall not project above an apparent eave or parapet, including
the eave of a mansard or simulated mansard roof or above the bottom of a third -
story window.
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
G. Projector signs.
20.42
A projector sign shall project only upon the property occupied by the associated
use or the public right-of-way within 10 feet of the building occupied by the use.
2. The sign area of the projector sign shall be included within the overall allowed
sign area for the use.
3. Illumination from the projector mechanism shall not pose a hazard for
pedestrians or motorists and shall be screened from view to the maximum extent
feasible.
H. Signs on architectural projections. The following regulations apply to signs that are
located on, attached to, or are an integral part of a projecting architectural feature (e.g.,
canopy) located not more than 15 feet above street level:
Signs may be erected on top of an architectural projection provided the sign is
comprised of three-dimensional letters only that do not exceed 18 inches in
height. No internal illumination is allowed;
2. Signs may be attached to the face of an architectural projection provided the sign
does not exceed a maximum thickness of 10 inches as measured from the face
of the sign to the outer face of the architectural projection and that the letters do
not exceed a height of 18 inches. No internal illumination is allowed;
3. The maximum sign area for signs mounted on architectural projections shall be
included with other permitted signs identified in Table 1; and
4. Signs may be placed below and may be supported by an architectural projection
provided the sign shall not exceed 4 feet in length and 16 inches in height.
Internally illuminated signs are not allowed. Signs shall not be less than 8 feet
above the sidewalk and shall be placed perpendicular to the face of the building.
Wall signs.
Signs shall be located only on a designated building frontage and shall not
extend above an eave or parapet, or above or below a fascia on which they are
located.
October 2010 Newport Beach Zoning Code, Title 20
20.42
i
Appropriate Wall Sign Location
Sign Standards
SIGN
Not Allowed
2. Signs located on adjacent walls on the same building shall be separated by a
minimum of 30 feet measured along the exterior walls of the building.
Required Separation of Wall Signs
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
20.42
3. Signs may be either internally or externally illuminated. Internally illuminated
cabinet signs shall comply with the provisions of Subsection 20.42.060.1-1
(Illuminated Signs).
4. Electrical raceways shall be integrated with the overall design of the sign to the
greatest degree. Raceways shall not extend beyond the outside edges of the
sign copy and shall be painted to match the color of the background on which
they are placed.
5. Signs shall be placed flat against the wall and shall not project from the wall more
than required for normal construction purposes and in no case more than 12
inches.
6. Signs shall be located within the middle 50 percent of the building or tenant
frontage measured from lease line to lease line. The Director may waive this
requirement where it can be clearly demonstrated that it severely limits proper
sign placement.
I�1gFEET 10FT �I
l� 36 FEET 20 FEET
Appropriate Wall Sign Location
7. Signs attached to the sloping face of hipped/sloped roofs, mansard overhangs, or
similar architectural features intended to resemble or imitate roof structures shall
require approval of a Modification Permit.
J. Window signs, permanent and temporary.
Window signs, including permanent and temporary signs shall not occupy more
than 20 percent of the total window area on either a designated primary or
secondary building frontage. For the purpose of this requirement, a window is
any glazed area, including glass curtain walls.
2. Signs shall be allowed only on windows located on the ground floor and second
story of either a designated primary or secondary building frontage.
3. Signs shall be permanently painted or mounted on the inside of windows and
doors except for allowed temporary signs.
October 2010 Newport Beach Zoning Code, Title 20
20.42
Sign Standards
4. Signs within 5 feet of a storefront window shall be counted as window signs for
the purpose of calculating total sign area and number of signs.
K. Miscellaneous signs.
1. Business directory signs. Multi -tenant buildings are allowed tenant directory
signs with a maximum area of 8 square feet each. No illumination is allowed.
2. Menu boards. Food service uses with drive through facilities shall be allowed a
maximum of 2 menu board signs with a maximum of 48 square feet each.
3. Service station signs. The following regulations shall be applicable to service
stations, in addition to all other provisions of this Chapter.
a. General.
(1) Signs shall be located so as not to impede vehicular sight distance
to the satisfaction of the Traffic Engineer.
(2) Instructional and warning signs and signs required or authorized
by state or federal law shall be exempt from the provisions of this
Section.
b. Ground signs.
(1) Number. One per site.
(2) Area. Not to exceed 20 square feet; 36 square feet when
combined with a fuel price sign.
(3) Height. Not to exceed 4 feet.
(4) Additional Regulations. Ground signs shall be located in a
landscaped planter with a minimum area equal to the area of the
sign.
C. Fuel price signs.
(1) Number. One per street frontage.
(2) Area. Twelve square feet per sign.
(3) Height. Not to exceed 4 feet.
(4) Additional Regulations.
(a) Separate fuel price signs shall only be permitted in lieu of
the 36 -square foot combined ground sign/fuel price sign
permitted in this Subsection.
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
20.42
(b) Fuel price signs shall advertise the price and grade of fuel
only and no other advertising shall be permitted unless in
conjunction with a monument as provided in this Section.
(c) Fuel price signs shall be located in a landscaped planter
with a minimum area equal to the area of the sign.
d. Wall signs.
(1) Number. One per building frontage.
(2) Area. The area of a wall sign shall not exceed 1 square foot for
each lineal foot of building frontage.
(3) Length. The length of a wall sign may be up to 50 percent of the
building frontage, not to exceed 30 feet.
e. Canopy signs.
(1) Type. Signs on service station canopies shall be limited to logos
only.
(2) Number. One canopy sign per street frontage.
(3) Area. The area of a canopy sign shall not exceed 6 square feet.
(4) Additional Regulations. Canopy signs shall not extend beyond the
gable or fascia board of the canopy.
f. Service island signs. One sign, not exceeding 4 square feet, shall be
permitted on or in front of each end of a service island to identify methods
of sale (i.e., self -serve or full -serve).
g. Window signs.
(1) Number. One per window.
(2) Area. No permanent window sign shall cover more than 20
percent of the visible window area.
(3) Materials. Permanent window signs shall be applied directly to
the window surface.
h. Temporary signs.
Refer to Section 20.42.090 (Standards for Temporary Signs)
October 2010 Newport Beach Zoning Code, Title 20
20.42
20.42.090 — Standards for Temporary Signs
Sign Standards
A. Number, size, and duration. Table 2 provides standards under which
temporary signs are allowed. Temporary signs are allowed in addition to the
number of permanent signs allowed for the property. However, combinations of
permanent and temporary window signs shall not cover more than 20 percent of
any window. References in the last column provide additional regulations for
specific sign types located elsewhere in this Chapter. In the case of an
inconsistency between regulations provided in the table and regulations provided
for general or specific sign types, the general regulations or regulations for
specific sign types shall take precedence.
TABLE 3-18
TEMPORARY SIGNS
Sign Type
Maximum
Maximum
Maximum
Duration
Additional
Number
Area
Height
Requirements
1 sign per
75 sq. ft. for
10 ft. or
Up to 4
Promotional
site,
banner, 3 sq.
bottom of
times per
p
Subject to all
temporary
including
ft. for rigid
lowest
year, not to
requirements of
banners.
window
sign. Window
second floor
exceed 60
this Section.
signs.
signs, 20% of
window.
days total
any window
per year.
area.
One sign per
Same as for
Same as for
60 days per
Allowed only
Establishment
building
permanent
permanent
calendar
while permanent
identification.
frontage.
signs.
signs.
year.
signs are being
obtained.
Displayed
after
issuance of
building
permit or
Construction
32 sq. ft. per
8 ft. in non-
equivalent;
Only on the
project signs.
1 sign per
sign in non-
residential.
shall be
property where
street
removed
construction is
frontage, 2
residential.
4 ft. in
after earliest
taking place and
Nonresidential
signs
6 sq. ft. in
residential
of certificate
shall not
and Residential
maximum
residential
of
obstruct visibility
completion,
at intersections.
certificate of
occupancy,
or final
building
inspection.
Jt2MNewport Beach Zoning Code, Title 20 October 2010
Sign Standards
TABLE 3-18
TEMPORARY SIGNS
20.42
Sign Type
Maximum
Maximum
Maximum
Duration
Additional
Number
Area
Height
Requirements
Mounted only on
portable easel -
type structures;
Restaurant
1 per
4 sq. ft. per
During hours
only on property
menu signs
restaurant
sign.
5 ft.
establishme
nt is open.)
of the
establishment
within 10 ft of
the primary
entrance.
Real estate
signs for
Allowed in compliance with Subsection 20.42.090.F (Real estate signs),
residential and
below
nonresidential
Temporary Sign Permit not required.
properties
Search lights,
Klieg lights
Allowed in conjunction with Special Event Permit.
Shall be placed
only on the
property where
the sale is being
held.
Personal
1 sin per
g p
2 times
within a 12
Allowed in
property sale
street
3 sq. ft
4 ft.
month
compliance with
sign
frontage
period.
Subsection
20.42.100. B
(Exemptions to
Sign Permit
requirement),
below.
B. Placement of temporary signs.
Signs are allowed on private property only and shall not be placed in
public rights-of-way or at off site locations.
2. Signs may be placed only on building frontages in locations where
permanent signs are allowed.
3. Sign shall not be attached to temporary structures, except restaurant
menu signs, which may be attached to easel -like structures.
C. Illumination prohibited. Signs shall not be illuminated.
October 2010 Newport Beach Zoning Code, Title 20
20.42
Sign Standards
D. Durable materials required. Signs shall be constructed of durable material
suitable to their location and purpose.
E. Removal of signs. Temporary signs and their components shall be promptly
removed at the expiration of the Temporary Sign Permit.
F. Real estate signs.
1. Residential districts.
a. Real estate signs are permitted, on a temporary basis, in
residential zoning districts, subject to the criteria provided in this
Subsection.
(1) In all residential zoning districts and PC Districts that
provide for residential uses, but do not contain specific
provisions relative to temporary signs, temporary real
estate signs are permitted subject to the following:
(a) One sign per lot except as provided in
subparagraphs (e) and (f) below;
(i) The sign shall not exceed 216 square
inches (1.5 square feet);
(ii) The sign may have one rider not to exceed
94 square inches;
(iii) The sign may include one brochure box not
to exceed 154 square inches. For purposes
of this Section, a brochure box means a
plastic or metal container designed to hold
brochures or flyers describing or advertising
the real property for sale, lease, rent, or
exchange; and
(iv) The overall height of the installed sign, rider,
and brochure box shall not exceed 4 feet
above ground unless the sign is mounted
flush to a wall;
(b) The sign shall be placed on the lot for sale, lease,
rent, or exchange and shall not be installed in a
manner that creates a hazard for traffic or
pedestrians;
(c) No flags, pennants, balloons, or other attention -
attracting devices shall be displayed;
(d) The sign shall be removed immediately after the
sale, lease, or rental of the property has been
consummated;
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
20.42
(e) One additional real estate sign may be posted
during the time an owner or owner' s agent is on
the premises and the premises are open for
inspection, subject to the following:
(i) The sign shall not exceed 216 square
inches (1.5 square feet) and riders are not
permitted;
(ii) The sign shall not be installed in medians or
anywhere within the traveled way of any
street or highway, nor installed in a manner
that creates a hazard to traffic or
pedestrians; provided, however the sign
may be installed on or in a vehicle parked
on the street adjacent to the property for
sale, lease, rent or exchange if there is no
feasible way of installing the sign on private
property due to absence of front setback
area or other conditions; and
(iii) The overall height of the sign shall not
exceed 4 feet above ground unless the sign
is installed on a vehicle as provided in the
paragraph above; or other conditions exist
that require the sign to exceed 4 feet to be
reasonably visible from the street; however,
in no event shall the sign be higher than
necessary to be reasonably visible from the
street;
(f) In addition to the real estate sign permitted in
Subsection (e), above, 3 off site signs are permitted
when the owner or owner's agent is on the
premises and the premises are open for inspection,
subject to the following:
(i) Each off site real estate sign shall not
exceed 216 square inches (1.5 square feet)
and riders are not permitted;
(ii) The overall height shall not exceed 4 feet
above ground;
(iii) The sign shall not be installed before 8:00
a.m. and shall be removed no later than
sunset; and
(iv) The sign shall not be installed in medians
or anywhere within the traveled way of any
street or highway, nor installed in a manner
that creates a hazard to traffic or
October 2010 Newport Beach Zoning Code, Title 20
20.42
Sign Standards
pedestrians. The sign shall not be attached
to any public property.
b. New properties first sale. Residential properties shall be
permitted one real estate sign not exceeding 20 square feet in
area that advertises the first sale of structures and/or lots in any
district for a period of time not to exceed one year following the
recordation of the final subdivision map.
2. Nonresidential zoning districts. Commercial and industrial properties shall be
allowed one temporary real estate sign not exceeding 20 square feet in area that
advertises the sale, rental or lease of the premises upon which the sign is
located. Permanent installations of real estate signs shall be subject to the sign
standards for permanent signs in this Chapter for commercial, office, and
industrial zones.
20.42.100 — Procedures for Sign Approval, Exemptions, and Revocations
A. Sign Permits.
1. Sign permit required (including temporary signs).
a. To ensure compliance with the regulations contained in this Chapter, a
Sign Permit shall be required in order to erect, move, alter, change copy
on, or reconstruct any permanent or temporary sign or sign structure
except for signs exempt from permits in compliance with Subsection B,
below.
Sign Permits are also required for signs approved through a
Comprehensive Sign Program as provided in Section 20.42.120. An
application for a Sign Permit shall be made in writing on standard official
forms furnished by the Department.
2. Review authority. Sign Permits, including those for temporary signs shall be
issued under the direction of the Director when they comply with the provisions of
this Chapter. The Director shall review all Sign Permit applications for
conformance with the provisions of this Chapter.
a. For signs that comply with the provisions of this Chapter and do not
require discretionary review:
(1) The Director shall issue or deny the permit to the applicant within
90 days from the receipt of a complete application and the
applicable fees;
(2) If the application is denied, the Director shall notify the applicant
with the reason(s) stated for denial. Notification shall be sent first
class United States mail to the address provided on the license
application that shall be considered the correct address. Each
applicant has the burden to furnish any change of address to the
Director, by United States certified mail, return receipt requested;
and
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
20.42
(3) In the event an application is denied, the applicant may appeal the
Director's decision in compliance with the provisions of Chapter
20.66 (Appeals).
Annual Approval of Promotional Temporary Sign Permit. The Director
may approve a Temporary Sign Permit for a temporary promotional
banner on an annual basis that allows the applicant to tailor the duration
and the number of days allowed under the permit to meet the particular
needs of the establishment as long as the total number of days that the
sign is allowed does not exceed 60 days per calendar year.
B. Exemptions to sign permit requirement. Sign Permits shall not be required for the
signs exempted in this Section. Exempt signs shall not be included in the determination
of the total allowable number of signs or total allowable sign area for a site or project.
However, exempted signs shall be required to adhere to the regulations established for
each sign type. Signs erected without complying with the applicable regulations are
considered illegal and may be removed in compliance with Section 20.42.160 (Illegal
Signs).
1. On -Site, non -illuminated signs. The following on-site, non -illuminated signs
shall not require issuance of a Sign Permit:
a. Accessory signs. Small window signs indicating hours of operation or
that an establishment is "Open" or "Closed" for business, limited to a
maximum of 2 square feet in area for all accessory signs. No more than
3 signs per establishment frontage. Accessory window signs shall not be
included in permanent window sign area calculations, except if
illuminated.
b. Building markers. Commemorative plaques, tables, date of construction,
and similar signs when carved in stone, concrete, or similar materials or
made of bronze, aluminum, or other similar permanent material. Signs
shall not exceed 2 square feet in area.
C. Bulletin Boards. Bulletin boards for any legal, noncommercial
establishment, when located on the premises of the establishment and
not over 12 square feet in area.
d. Construction project signs. Subject to the limits on size and display
duration of 20.54.090 (Standards for Temporary Signs), Table 2
(Temporary Signs).
e. Change of copy. Changing the copy in changeable copy signs in
existence as of the date of adoption of this Chapter, or approved through
the Comprehensive Sign Program.
f. Flags. Flags bearing noncommercial messages or graphic symbols, and
flags bearing on-site commercial messages or graphic symbols, shall not
require the issuance of a Sign Permit, subject to the following restrictions:
(1) Flags bearing commercial messages shall not be displayed in
residential zones;
October 2010 Newport Beach Zoning Code, Title 20
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Sign Standards
(2) A maximum of 3 flags may be displayed on any single lot.
However, only one flag bearing an on-site commercial message
may be displayed on each lot in nonresidential zones; and
(3) No single flag shall exceed 40 square feet in area. The aggregate
area of all flags displayed on any single lot shall not exceed 72
square feet. For purposes of determining flag size, only one side
of the flag shall be counted as a display surface.
g. Gasoline pump signs. Shall be consistent with Paragraph
20.42.080.K.3 (Service station signs).
h. Government signs. A sign erected by a federal, state, county, agency,
or the City.
Holiday window painting. Signs and decorations painted on or applied
to windows pertaining to holidays and seasonal events when the signs
contain no reference to the goods or services sold or provided by the
establishment. All signs and/or decorations shall be removed within 10
days following the applicable holiday.
j. Incidental signs. Signs or notices that are incidental to an establishment
(e.g., hours of operation, credit card information, emergency contact
information, etc.) provided the signs do not exceed 4 square feet in area
for all of the signs.
k. Official signs. Official and legal notices required by a court or
governmental agency.
Portable parking lot and valet parking signs. One freestanding
portable sign at each parking lot entrance limited to 10 square (2'x5') feet
in area. Sign shall not cause hazard to driver visibility or pedestrian
movement. Subject to the approval of a valet parking plan.
M. Public service signs. Signs of utilities or other publicly regulated service
providers indicating danger, and aids to service or safety, including official
advisory and signal flags.
n. Real estate window listing. A real estate office may place its listing(s)
in a front window provided the gross area occupied by the listing(s)
do/does not cover more than 50 percent of the window.
o. Residential signs. Up to 3 noncommercial signs, with a maximum total
sign area of 6 square feet and a maximum height of 4 feet.
P. Restaurant menu signs. Restaurant menu signs not exceeding 4
square feet.
q. Site address. Limited to one per street frontage subject to the following
standards:
JtIL MI Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
20.42
(1) The total aggregate sign area shall not exceed 72 square inches.
Individual numbers and letters shall not exceed a height of 8
inches.
(2) The sign shall be placed in an area adjacent to or near the primary
entrance of the structure or property frontage and face the street
curb in front of the structure.
r. Temporary real estate signs. Real estate signs in compliance with
Subsection 20.42.090.F (Real estate signs).
S. Vehicle -oriented directional signs. Signs solely for the purpose of
guiding traffic, parking, and loading on private property subject to
approval by the Public Works Department. One safety or directional sign
for each vehicle entry to a site with a maximum area of 3 square feet per
sign. Maximum sign height shall be 4 feet. Additional signs may be
allowed with approval of a Comprehensive Sign Program.
t. Personal property sale signs. Subject to the limits on size and display
duration of Section 20.42.090 on Table 2 (Standards for Temporary
Signs)
2. Routine maintenance. Painting, repainting, or cleaning of a sign shall not be
considered erecting or altering a sign, and therefore shall not require a Sign
Permit, unless structural changes are made.
C. Revocation of sign permit. The Department may, in writing, suspend or revoke a Sign
Permit issued under the provisions of this Chapter if the permit was issued on the basis
of a material omission or misstatement of fact, or in violation of any ordinance or any of
the provisions of this Chapter.
20.42.110 — Modification Permit
A. Applicability. The Zoning Administrator may grant a Modification Permit in compliance
with the provisions of Section 20.52.050 (Modifications Permits) to allow deviations to
the height, location, number, and area of signs.
B. Appeals. Actions of the Zoning Administrator may be appealed to the Commission in
compliance with the provisions of Chapter 20.64 (Appeals).
20.42.120 — Comprehensive Sign Program
A. Purpose. The purpose of a Comprehensive Sign Program is to integrate all of a
project's signs, including a project identification sign with the overall site design and the
structures' design into a unified architectural statement. A Comprehensive Sign
Program provides a means for the flexible application of sign regulations for projects that
require multiple signs in order to provide incentive and latitude in the design and display
of multiple signs and to achieve, not circumvent, the purpose of this Chapter.
B. Applicability. The approval of a Comprehensive Sign Program shall be required
whenever any of the following circumstances exist.
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Sign Standards
1. Whenever 3 or more separate tenant spaces are created or proposed on the
same lot;
2. Whenever 3 or more non-exempt signs are proposed for a single -tenant
development;
3. Whenever signs are proposed to be located on or above the second story on a
multi -story building;
4. Whenever a structure has more than 300 linear feet of frontage on a public
street;
5. Whenever an existing multi -tenant development of 3 or more tenants is being
remodeled or rehabilitated to the extent that the value of the work will be greater
than 20 percent of the replacement cost of the building;
6. Whenever a theater or cinema use requests to deviate from the standards of this
Chapter. The Comprehensive Sign Program may allow marquee signs, brighter
lights, and design features not otherwise authorized by this Chapter if the sign is
generally consistent with the adopted sign design guidelines and the purposes of
this Chapter. Approval shall not be based on message content;
7. Whenever the Director determines that a Comprehensive Sign Program is
necessary because of special project characteristics (e.g., the size of proposed
signs, limited site visibility, a business within a business, the location of the site
relative to major transportation routes, etc.); and
8. A Comprehensive Sign Program shall not be used to override the prohibition on
new billboards set forth in Section 20.42.0305, above.
C. Approval authority and limitation. The Zoning Administrator is the review authority for
a Comprehensive Sign Program. The Zoning Administrator shall not approve an
increase in sign height by more than 20 percent above that allowed or an increase in
sign area by more than 30 percent above that allowed. Increases above the limits
provided above may be allowed with the approval of a Modification Permit.
D. Application requirements. A Sign Permit application for a Comprehensive Sign
Program shall include all information and materials required by the Director, and the
filing fee set by the City's Master Fee Schedule.
E. Standards. A Comprehensive Sign Program shall comply with the following standards:
The proposed sign program shall comply with the purpose and intent of this
Chapter, any adopted sign design guidelines and the overall purpose and intent
of this Section;
2. The proposed signs shall enhance the overall development, be in harmony with,
and relate visually to other signs included in the Comprehensive Sign Program,
to the structures and/or developments they identify, and to surrounding
development when applicable;
3. The sign program shall address all signs, including permanent, temporary, and
exempt signs;
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Sign Standards
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4. The sign program shall accommodate future revisions that may be required
because of changes in use or tenants;
5. The program shall comply with the standards of this Chapter, except that
deviations are allowed with regard to sign area, total number, location, and/or
height of signs to the extent that the Comprehensive Sign Program will enhance
the overall development and will more fully accomplish the purposes and intent of
this Chapter;
6. Approval of a Comprehensive Sign Program shall not authorize the use of signs
prohibited by this Chapter; and
7. Review and approval of a Comprehensive Sign Program shall not consider the
signs' proposed message content.
F. Revisions to Comprehensive Sign Programs. The Director may approve revisions to
a Comprehensive Sign Program if the intent of the original approval is not affected.
Revisions that would substantially deviate from the original approval shall require the
approval of a new/revised Comprehensive Sign Program by the Zoning Administrator.
20.42.130 — Innovative Sign Program
A. Purpose. The purpose of the Innovative Sign Program is to:
Encourage signs that are unique in their design approach and use of materials;
and
2. Provide a review process for the application of sign regulations to innovative
signs.
B. Applicability. An applicant may request approval of a Sign Permit under the Innovative
Sign Program to authorize an on-site sign or signs that differ from the provisions of this
Chapter but comply with the purpose of this Chapter and Section.
C. Review authority. A Sign Permit application for an Innovative Sign shall be subject to
approval by the Commission.
D. Application requirements. A Sign Permit application for an Innovative Sign shall
include all information and materials required by the Director, and the filing fee set by the
City's Master Fee Schedule.
E. Design criteria. In approving an application for an Innovative Sign, the Commission
shall ensure that a proposed sign or signs meets the following design criteria:
1. Design elements. The sign shall contain at least one of the following elements:
a. Classic historic design style (ghost sign, metal, carved wood, etc.);
b. Creative image reflecting current or historic character of the City;
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20.42
Sign Standards
C. Symbols or imagery relating to the beach, ocean recreation, fishing,
maritime industry, and/or the related business; or
d. Inventive representation of the use or name/logo of the business.
2. Architectural criteria. The sign shall:
a. Utilize and/or enhance the architectural elements of the building; and
b. Be placed in a logical location in relation to the overall composition of the
building's facade and not cover any key architectural features/details of
the fagade.
3. Contextual criteria. The sign shall:
a. Be in scale and proportion with the structure where it is placed;
b. Be placed to respect and enhance the key architectural elements of the
building; and
C. Respect the scale and proportion of surrounding commercial structures
and signs.
F. Limitation. Approval of an Innovative Sign Program shall not:
1. Authorize the use of signs prohibited by this Chapter;
2. Authorize any sign that is more than 20 percent larger than it could have been
without the owner's participation in the Innovative Sign Program; or
3. Authorize any sign based on an evaluation of the message displayed.
G. Revisions to Innovative Sign Programs. The Director may approve revisions to an
Innovative Sign Program if the intent of the original approval is not affected. Revisions
that would substantially deviate from the original approval shall require the approval of a
new/revised Innovative Sign Program by the Commission.
20.42.140 — Nonconforming Signs
A. Abatement of nonconforming signs. The following nonconforming signs shall be
removed or altered to be conforming within 15 years from October 27,2005, unless an
earlier removal is required by the provisions of Subsection B, below.
1. Roof signs;
2. Pole signs;
3. Internally illuminated signs with a translucent face;
4. Signs with letters, text, logos, or symbols taller than permitted by this Chapter;
and
5. Signs that exceed 75 square feet in total sign area.
jt2MNewport Beach Zoning Code, Title 20 October 2010
Sign Standards
B. Removal of nonconforming signs. Nonconforming signs shall be removed if:
20.42
The nonconforming sign is more than 50 percent destroyed, and the destruction
is other than facial copy replacement. A nonconforming sign shall be deemed to
be more than 50 percent destroyed if the estimated cost of reconstruction
exceeds 50 percent of the replacement cost as determined by the Building
Official;
2. The nonconforming sign is remodeled, unless the sign is remodeled to comply
with the provisions of this Chapter;
3. The nonconforming sign is located on a building that is enlarged or expanded, if
the nonconforming sign is affected by the construction, enlargement, remodel, or
expansion. An enlargement, remodel, or expansion of the portion of the building
upon which the nonconforming sign is located or that is more than 50 percent of
the building area shall be deemed to affect the nonconforming sign; or
4. The nonconforming sign is temporary.
C. Deactivation of flashing features. The owner of a sign that contains flashing features
shall permanently deactivate the flashing features.
D. Continuance of nonconforming signs. Except as provided in Subsections 20.42.140
A and B, a nonconforming sign may be continued and shall be maintained in good
condition as required by these regulations, but it shall not be:
Structurally changed to another nonconforming sign, although its copy and
pictorial content may be changed.
2. Structurally altered to prolong the life of the sign, except to meet safety
requirements.
3. Expanded or altered in any manner that increases the degree of nonconformity.
E. Repairing and repainting. Nonconforming signs shall only be painted and repaired in
place and shall not be removed from their existing location, except for building
remodeling, unless removal of the sign for painting or repair is part of the sign's
customary maintenance and repair.
F. Change of business ownership. Upon a change of ownership, the new owner of a
nonconforming sign may change the name or names on the sign so long as there is no
change in the structure or configuration of the sign.
20.42.150 — Abandoned Signs
A. Removal of abandoned signs.
An abandoned sign or an abandoned nonconforming sign shall be immediately
removed by the owner or lessee of the premises upon which the sign is located
or by a person, organization, or other entity that directly or indirectly receives a
benefit from the information contained on the sign.
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20.42
Sign Standards
2. A sign frame or structure that has been abandoned shall be immediately
removed by the owner or lessee of the premises upon which the sign frame or
structure is located.
B. Presumption that a sign is abandoned. A sign that identifies or advertises a business
that has ceased; is located upon a structure that has been abandoned by its owner; has
not identified a bona fide business, lessor, service, owner, product, or activity available
upon the site, for more than 90 days; or that has not been removed within 30 days after
the occurrence of the event or activity, shall be presumed abandoned.
C. Notice that a sign is presumed abandoned. The Director shall send a person
responsible for a sign presumed to be abandoned an Abandoned Sign Notification.
Failure of the person to respond within 30 days to the Abandoned Sign Notification shall
serve as prima facie evidence of intentional permanent abandonment of the sign.
20.42.160 — Illegal Signs
A. General prohibition. It is unlawful for any person to erect, place, post, construct,
reconstruct, alter, maintain, or move or allow any person to erect, place, construct,
reconstruct, alter, maintain, or move any sign that does not comply with the provisions of
this Chapter.
B. Strict liability. Violations of this Chapter shall be treated as a strict liability offense
regardless of intent.
C. Illegal signs identified. The following signs are illegal and declared to be a public
nuisance:
A sign erected, placed, posted, constructed, reconstructed, altered, maintained,
or moved after the effective date of this Chapter that does not comply with any
provision of this Chapter;
2. A sign that was erected, placed, posted, constructed, reconstructed, altered,
maintained, or moved prior to the effective date of this Chapter that failed to
comply with all regulations in effect at the time the sign was erected, placed,
posted, constructed, reconstructed, altered, maintained, or moved;
3. A nonconforming sign that is required to be removed or altered and that is not
removed or altered in the time required;
4. Signs with flashing elements that are not deactivated;
5. An abandoned nonconforming sign; and
6. An abandoned sign.
20.42.170 — Maintenance Requirements
A. Maintenance of signs required. All types of signs, together with their supports, braces,
guys, and anchors shall be properly maintained at all times with respect to safety,
appearance, and structural and electrical features.
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards 20.42
B. Proper maintenance identified. Display surfaces shall be kept clean and neatly
painted and repaired at all times, and there shall be no missing or damaged messages,
graphics, or structural elements, or portions thereof. Signs shall be refinished to remove
rust or other corrosion due to the elements as necessary. Faded, cracked, or broken
faces or surfaces, and malfunctioning lamps shall be replaced immediately. Awnings
that have signs shall be cleaned periodically and replaced if they become faded,
tattered, or ripped.
C. Administrative procedures applied to signs that are not maintained. Signs that are
not properly maintained shall be subject to the provisions of Municipal Code Titles 1, 10,
and 20.
D. Hazardous signs. If a sign is damaged or not properly maintained to a degree that
causes it to pose a physical danger to persons or property, the following provisions shall
apply:
1. Hazardous signs identified. A hazardous sign is a sign that poses a danger to
the public or that could create a potential hazard. Hazardous signs are declared
to be a public nuisance in compliance with Municipal Code Sections 1.04.020
and 10.50.020(1).
2. Removal of hazardous signs. Upon discovering a hazardous condition, the
City may cause the immediate removal of a sign that is a danger to the public
due to unsafe conditions. The determination that a sign has become hazardous
or unsafe shall consider only the physical condition and characteristics of the
sign, and shall not consider the message thereon. No hearing shall be required
for the removal of hazardous signs. The City is not required to give notice of
intent to remove the sign prior to removal, but shall inform the owner of the
property from which the hazardous sign is to be removed that the hazardous sign
has been removed within 7 days of removal, by certified United States mail,
return receipt requested and by first class United States mail.
3. Owner responsible for costs of Abatement. Signs removed in compliance with
this Section shall be stored for 30 days, during which time they may be recovered
by the owner upon payment to the City for costs of abating the public nuisance,
including removal and storage. If not recovered within the 30 -day period, the
sign and supporting structure shall be declared abandoned and title shall vest
with the City.
4. Penalties. Hazardous signs shall also be subject to the administrative remedies
of the Municipal Code, including Section 10.50.020 and Sections 1.04 and 1.05.
5. Recovery of costs. All costs of abatement may be assessed to the owner of the
property from which the hazardous sign was removed and recovered as a lien on
the property in compliance with Municipal Code Titles 1 and 10.
20.42.180 — Heritage Signs
A. Designation of heritage signs. The designation of a sign as a heritage sign is intended
to allow nonconforming signs that otherwise would be required to be removed in
compliance with Section 20.42.140 (Nonconforming Signs) of this Chapter to remain if
the sign or the establishment associated with the sign are determined to have historical
or local identity significance to the City of Newport Beach in compliance with the
standards established in this Section.
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20.42
Sign Standards
B. Application and review authority. Application for heritage sign status may be
submitted by the business owner, property owner, or City for review by the Commission.
The Commission shall review all applications and approve or disapprove heritage sign
status in compliance with this Section.
C. Heritage sign criteria. The Commission may designate a sign as a heritage sign if the
sign is the type of sign that would be subject to removal as a nonconforming sign and
the sign meets both the following criteria:
1. Historically Significant. A sign is historically significant if the sign was erected
or created at least 35 years ago and is either representative of a significant sign -
making technique or style of a historic era or represents entities or
establishments that are an important part of Newport Beach history.
2. Visually Significant. The sign is visually significant in at least 2 of the following
regards:
a. The sign possess a uniqueness and charm because it has aged
gracefully;
b. The sign remains a classic example of craftsmanship or style of the
period when it was constructed and uses materials in an exemplary way;
C. The sign compliments its architectural surroundings or is particularly well
integrated into the structure; or
d. The sign is an inventive representation of the use, name, or logo of the
building or business.
D. Designation of heritage signs.
The Director shall review each application for heritage sign status on a case-by-
case basis to assess whether the sign meets the criteria for designation as a
heritage sign. Based on this review, staff shall prepare findings and
recommendations to the Commission regarding their assessment and the
application's merit regarding the designation. The Commission shall review staff
findings and recommendations at a noticed public hearing.
2. The Commission may direct staff to undertake additional analysis to assess
whether a sign should receive heritage sign status. The Commission may also
direct staff to undertake additional analysis of any sign already designated as a
heritage sign. Staff's additional analyses and recommendations shall be
available for public review and comment prior to the Commission's subsequent
meeting for review and action on a heritage sign.
3. Upon due consideration of staff's findings and recommendations plus all public
testimony and comment, the Commission may approve or deny designation of
heritage sign status.
E. Alteration of heritage signs. Designated heritage signs may be not be physically
altered except for routine cleaning and general maintenance. Cleaning and maintenance
shall be consistent with the preservation of the character or defining features of the sign
Newport Beach Zoning Code, Title 20 October 2010
Sign Standards
20.42
in all respects. A designated heritage sign may be removed if desired. If a designated
heritage sign is removed, its heritage status shall be revoked. If the character or defining
features of a designated heritage sign are altered, its designation as a heritage sign shall
be revoked and the sign shall be removed. Where applicable, the sign may be modified
to conform to the requirements of this Chapter.
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20.42
Sign Standards
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Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.44 — Transportation Demand Management Requirements
Sections:
20.44.010 — Purpose
20.44.020 — Applicability
20.44.030 — Transportation Demand Management Program
20.44.040 — Employment Generation Factors
20.44.050 — Site Development Requirements
20.44.060 — Equivalent Facilities or Measures.
20.44.070 — Enforcement and Penalties.
20.44.010 — Purpose
The purpose of this Chapter is to implement the requirements of Orange County's Congestion
Management Program. The requirements of this Chapter are intended to:
A. Reduce the number of peak -period vehicle trips generated in association with the
approval of development projects;
B. Promote and encourage the use of alternative transportation modes, including
ridesharing, carpools, vanpools, public bus and rail transit, bicycles and walking, as well
as those facilities that support the use of these modes;
C. Reduce vehicle trips, traffic congestion, and public expenditures for transportation
system improvements and improve air quality and environmental quality through the
utilization of existing local mechanisms, requirements, and procedures for project review
and permit processing;
D. Promote coordinated implementation of strategies on a Citywide and Countywide basis
to reduce transportation demand; and
E. Achieve the most efficient use of local resources through coordinated and consistent
regional and/or local trip reduction programs.
20.44.020 — Applicability
The requirements of this Chapter shall apply to all new nonresidential projects, nonresidential
portions of mixed use projects, and employment centers that are estimated to employ 250 or
more persons.
20.44.030 — Transportation Demand Management Program
A. Program preparation. Applicants for projects covered by this Chapter shall prepare a
transportation demand management program applicable to the proposed project that
will:
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20.44
Transportation Demand Management Requirements
1. Reduce the number of peak -period vehicle trips generated in association with the
proposed project;
2. Promote and encourage the use of alternative transportation modes (e.g.,
ridesharing, carpools, vanpools, public transit, bicycles and walking); and
3. Provide those facilities that support alternate transportation modes.
B. Review authority approval. The review authority shall issue a written determination to
approve, conditionally approve, or deny the approval of the transportation demand
management program based on the program's ability to meet the requirements provided
in Subsection A, above.
20.44.040 — Employment Generation Factors
The following generation factors are the basis for determining employment projections in the
absence of more specific information.
Land Use Category Gross Square Feet/Employee
Retail 500
Office/Professional 250
Industrial 525
Hotel 1.0/room
Employment projections shall be developed by the project applicant, subject to approval by the
City. The employment projection for a mixed -uses development shall be calculated on a case-
by-case basis, based upon the proportion of development devoted to each type of use.
20.44.050 — Site Development Requirements
Projects subject to the requirements of this Chapter shall be subject to the following site
development requirements. Required improvements shall be reviewed and approved by the
review authority concurrent with other project approvals.
A. Carpool parking. A parking space shall be reserved and designated for each identified
carpool vehicle. Carpool spaces shall only be used by carpool vehicles and shall be
located near the employee entrance or at other preferential locations, as approved by
the City Traffic Engineer. A minimum of 5 percent of the provided parking shall be
reserved for carpools. Additional spaces shall be designated for each new carpool that
forms.
B. Bicycle racks/lockers. Bicycle lockers or bicycle racks, as determined by the review
authority, shall be provided for use by employees or tenants. A minimum of 2 lockers per
100 employees shall be provided. Lockers may be located in a required parking space.
C. Lockers and showers. A minimum of 2 showers and 2 lockers shall be provided.
Additional showers and lockers may be required by the review authority based on the
total number of anticipated employees.
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Transportation Demand Management Requirements
20.44
D. Information on transportation alternatives. A commuter information area shall be
provided in 1 or more central areas that are accessible to all employees or tenants.
Information shall include, but not be limited to, current maps, routes and schedules for
public transit; ridesharing match lists; available commuter incentives and ridesharing
promotional material supplied by commuter -oriented organizations.
E. Rideshare vehicle loading area. A rideshare vehicle loading area shall be designated
at a location approved by the City Traffic Engineer. The area shall accommodate a
minimum of 2 passenger vehicles. Additional loading area may be required by the City
Traffic Engineer based on the total number of anticipated employees.
F. Vanpool accessibility. Vanpool spaces shall be reserved and designated for each
identified vanpool in compliance with the approved plan. A minimum 7'-2" vertical
clearance shall be provided and the spaces shall be located near the employee entrance
or other preferential location as approved by the City Traffic Engineer.
G. Bus stop improvements. Bus stop improvements, including bus pullouts, bus pads,
and right-of-way for bus benches and shelters shall be required for developments
located along arterials where public transit exists or is anticipated to exist within 5 years.
Improvements shall be developed in consideration of the level of transit ridership and the
impact of stopped busses on other traffic.
H. Sidewalks. Sidewalks or other paved pathways connecting the external pedestrian
circulation system to each building in the development shall be provided.
20.44.060 — Equivalent Facilities or Measures.
The project applicant shall have the option of deleting or modifying any or all of the site
development requirements if equivalent facilities or measures are provided. The applicant shall
demonstrate the equivalency of the proposed measures to the satisfaction of the applicable
review authority.
20.44.070 — Enforcement and Penalties.
The City may withhold the issuance of Building Permits, Certificates of Occupancy and/or issue
stop work orders for a development project failing to comply with the provisions of this Chapter.
If any improvements or programs required by this Chapter are either rendered unusable or
discontinued, the property owner, employer and/or tenant may be subject to enforcement
procedures in compliance with Chapter 20.68 (Enforcement).
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Newport Beach Zoning Code, Title 20
October 2010
Chapter 20.46 — Transfer of Development Rights
Sections:
20.46.010 — Purpose
20.46.020 — Applicability
20.46.030 — General Requirements
20.46.040 — Procedures
20.46.050 — Findings
20.46.010 — Purpose
This Chapter provides procedures for the transfer of development rights from a property to one
or more other properties.
20.46.020 — Applicability
The provisions of this Chapter shall apply within all zoning districts.
20.46.030 — General Requirements
A. Location. The donor and receiver sites shall be located within the same Statistical Area
as identified in the Land Use Element of the General Plan.
B. Floor area for a donor site. The maximum gross floor area allowed on a donor site
shall be reduced by the amount of the transfer of development intensity to the receiver
site.
C. Residential uses. When the transfer of development rights involves residential units,
the transfer shall be on a unit for unit basis.
20.46.040 — Procedures
The following procedure shall be used for the transfer of development rights.
A. Application. The applicant shall submit an application to the Department that identifies
the quantity of entitlement (e.g., floor area, hotel rooms, theater seats, etc.) to be
relocated and the sending and receiving sites. If the requested transfer includes the
conversion of nonresidential uses, the application shall also identify the quantity of
entitlement, by use category, before and after the transfer.
B. Traffic analysis. The Traffic Engineer shall perform a traffic analysis to determine the
total number of PM peak hour trips that would be generated by development allowed
with and without the transfer. Trip generation rates shall be based on standard trip
generation values in the current version of ITE's "Trip Generation," unless the Traffic
Engineer determines that other rates are more valid for the uses involved in the transfer.
October 2010 Newport Beach Zoning Code, Title 20
20.46 Transfer of Development Rights
C. Detailed traffic analysis. Depending on the location of the sending and receiving sites,
the Traffic Engineer may determine that a more detailed traffic analysis is required to
determine whether adverse traffic impacts will result from the transfer. This analysis shall
demonstrate whether allowed development, with and without the transfer, would either
cause or make worse an unsatisfactory level of service at any primary intersections for
which there is no feasible mitigation. This analysis shall be consistent with the definitions
and procedures contained in Chapter 15.40 (Traffic Phasing Ordinance) of the Municipal
Code, except that "unsatisfactory level of service" shall be as specified in the General
Plan.
D. Land use intensity analysis. If the transfer request involves the conversion of uses, the
Director shall perform a land use intensity analysis to determine the floor area that could
be developed with and without the transfer. For purposes of this analysis, theater use
shall be allocated 15 square feet per seat. Hotel use shall be allocated the number of
square feet per room at which it is included in the General Plan. When the General Plan
does not specify intensity for hotel rooms, it shall be as determined by the Director.
E. Council to consider. Applications for transfer of development rights shall be considered
by the Commission with a recommendation to the Council. The Council may approve a
transfer of development rights only if it makes all of the findings in Section 20.46.050,
below.
F. Legal assurances. A covenant or other legally binding agreement approved by the City
Attorney shall be recorded against the donor site assuring that all of the requirements of
the transfer of development rights will be met by the current and future property owners.
20.46.050 — Findings
When approving a transfer of development intensity the Council shall make all of the following
findings:
A. The reduced density/intensity on the donor site provides benefits to the City, for
example:
a. The provision of extraordinary open space, public view corridor(s),
increased parking, or other amenities;
b. Preservation of an historic building or property, or natural resources;
C. Improvement of the area's scale and development character;
d. Reduction of local vehicle trips and traffic congestion; and
e. More efficient use of land.
B. The transfer of development rights will not result in any adverse traffic impacts and
would not result in greater intensity than development allowed without the transfer and
the proposed uses and physical improvements would not lend themselves to conversion
to higher traffic generating uses;
C. The increased development potential transferred to the receiver site will be compatible
and in scale with surrounding development and will not create abrupt changes in scale
or character; and
itil .0 Newport Beach Zoning Code, Title 20 October 2010
Transfer of Development Rights 20.46
D. The receiver site is physically suitable for the development proposed taking into
consideration adjacent circulation patterns, protection of significant public views and
open space, and site characteristics, including any slopes, submerged areas, and
sensitive resources.
October 2010 Newport Beach Zoning Code, Title 20
20.46
Transfer of Development Rights
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Newport Beach Zoning Code, Title 20
October 2010
Part 4
Standards for Specific Land Uses
Table of Contents
Chapter 20.48
— Standards for Specific Land Uses..............................................................4-3
20.48.010 —
Purpose..............................................................................................................4-3
20.48.020 —
Adult -Oriented Businesses.................................................................................4-3
20.48.030 —
Alcohol Sales.....................................................................................................4-4
20.48.040 —
Animal-Keeping..................................................................................................4-8
20.48.050 —
Animal Sales and Services..............................................................................4-10
20.48.060 —
Bed and Breakfast Inns....................................................................................4-11
20.48.070 —
Day Care Facilities (Adult and Child)...............................................................4-12
20.48.080 —
Drive -Through and Drive -Up Facilities.............................................................4-13
20.48.090 —
Eating and Drinking Establishments................................................................4-14
20.48.100 —
Emergency Shelters.........................................................................................4-18
20.48.110 —
Home Occupations...........................................................................................4-20
20.48.120 —
Massage Establishments and Services...........................................................4-21
20.48.130 —
Mixed -Use Projects..........................................................................................4-22
20.48.140 —
Outdoor Storage, Display, and Activities..........................................................4-24
20.48.150 —
Personal Property Sales in Residential Districts..............................................4-26
20.48.160 —
Recycling Facilities...........................................................................................4-26
20.48.170 —
Residential Care Facilities................................................................................4-27
20.48.180 —
Residential Development Standards and Design Criteria................................4-29
20.48.190 —
Satellite Antennas and Amateur Radio Facilities.............................................4-31
20.48.200 —
Senior Accessory Dwelling Units.....................................................................4-34
20.48.210 —
Service Stations...............................................................................................4-35
20.48.220 —
Time Share Facilities........................................................................................4-41
October 2010 Newport Beach Zoning Code, Title 20
Part 4 — Standards for Specific Land Uses
Tables
Table 4-1 Animal -Keeping Standards....................................................................................4-8
Table 4-2 Required Setbacks for Structures Housing Domestic Farm Animals.....................4-9
Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.48 — Standards for Specific Land Uses
Sections
20.48.010
— Purpose
20.48.020 — Adult -Oriented Businesses
20.48.030
— Alcohol Sales
20.48.040
— Animal -Keeping
20.48.050
— Animal Sales and Services
20.48.060 — Bed and Breakfast Inns
20.48.070
— Day Care Facilities (Adult and Child)
20.48.080
— Drive -Through and Drive -Up Facilities
20.48.090
— Eating and Drinking Establishments
20.48.100
— Emergency Shelters
20.48.110
— Home Occupations
20.48.120
— Massage Establishments and Services
20.48.130
— Mixed -Use Projects
20.48.140
— Outdoor Storage, Display, and Activities
20.48.150
— Personal Property Sales in Residential Districts
20.48.160 — Recycling Facilities
20.48.170
— Residential Care Facilities
20.48.180
— Residential Development Standards and Design Criteria.
20.48.190 — Satellite Antennas and Amateur Radio Facilities
20.48.200
— Senior Accessory Dwelling Units
20.48.210
— Service Stations
20.48.220
— Time Share Facilities
20.48.010 — Purpose
This Chapter provides additional site planning, development, and operational standards for a
variety of specified land uses.
20.48.020 — Adult -Oriented Businesses
This Section provides standards to regulate adult-oriented businesses to promote the health,
safety, morals, and general welfare of the citizens of the City and to establish reasonable and
uniform regulations to prevent any deleterious location and concentration of adult-oriented
businesses within the City, thereby reducing or eliminating the adverse secondary effects from
these establishments (i.e., crime and degraded commercial and residential neighborhoods). The
requirements of this Section are in addition to those provided in Municipal Code Chapter 5.96
(Adult -Oriented Business).
A. Zoning districts and planned communities. Adult-oriented businesses shall be
allowed in nonresidential zoning districts (excluding mixed use districts) and where
nonresidential uses are allowed in planned community districts.
October 2010 Newport Beach Zoning Code, Title 20
20.48 Standards for Specific Land Uses
B. Permit requirements. Adult-oriented businesses shall obtain a permit in compliance
with Municipal Code Chapter 5.96 (Adult -Oriented Business) before any other permit is
issued (e.g., building permit, development permit, etc.).
C. Location restrictions. Adult-oriented businesses shall maintain the following separation
requirements, except that in the OA zoning district only the separation between adult-
oriented businesses shall apply.
500 feet from the boundary of any residential zoning district or residential use,
including residential uses in mixed-use zoning districts; or
2. 1,000 feet from any lot upon which there is properly located a religious institution,
public beach or park, school or City facility, including but not limited to City Hall,
and Newport Beach libraries, police, and fire stations; or
3. 500 feet from another adult-oriented business.
D. Measurement. The distance of separation shall be measured using a straight line,
without regard to intervening structures or objects, from the zoning district boundary line
or the property line of the lot on which the adult-oriented business is located to the
nearest property line of the lot upon which is located a residential use, religious
institution, park, or school. If the residential use, religious institution, park or school is
located on the same lot as the adult-oriented business, the distance between the two
shall be measured in a straight line between the front doors of each use without regard
to intervening structures or objects.
20.48.030 — Alcohol Sales
The purpose of this Section is to preserve a healthy and safe environment for residents and
businesses by establishing a set of consistent standards for the safe operation of retail alcohol
sales establishments. It is recognized that hospitality, entertainment, recreation and related
businesses are a significant part of the City's economy, and that alcoholic beverage sales are
important to the operation of these businesses. It is also recognized that alcohol abuse can
create environments that jeopardize the continued success of these businesses and seriously
affect the health, safety, and general welfare in surrounding areas, particularly residential
neighborhoods.
This Section is intended to prevent alcohol-related problems (e.g., driving under the influence,
alcohol abuse, assaults, public inebriation, littering, loitering, obstruction of pedestrian traffic,
noise, traffic violations, illegal parking, defacement and damaging of public and private property,
etc.). This Section provides regulations to reduce the costly and harmful effects of irresponsible
alcohol sales and consumption on the City, neighborhoods, local businesses, residents, law
enforcement, medical care, and educational, preventive, treatment and rehabilitation resources.
A. Operating standards.
1. Alcohol consumption on premises prohibited. Consumption of alcoholic
beverages inside a retail alcohol sales establishment, outside the building, or
elsewhere outside on the premises shall be prohibited.
2. Sales activities. Alcoholic beverages shall not be sold:
a. Outside the exterior walls of the alcohol sales establishment;
Newport Beach Zoning Code, Title 20 October 2010
Standards for Specific Land Uses
b. From drive -up or walk-up service windows; or
C. To persons in watercraft.
3. Litter and graffiti. The owner/operator shall:
20.48
a. Maintain the exterior of the premises, including signs and accessory
structures, free of litter and graffiti at all times;
Provide for daily removal of trash from the premises and abutting
sidewalks or alleys within 20 feet of the premises ; and
C. Remove graffiti within 48 hours of written notice from the City.
4. Security. The review authority may require the alcohol sales establishment to
provide security personnel, security programs, and/or surveillance devices.
5. Sales training.
a. Personnel. Owners, operators, servers, vendors, and persons selling
alcoholic beverages shall complete a Licensee Education on Alcohol and
Drugs (LEAD) program sponsored by the Department of Alcohol
Beverage Control.
b. Records. Records of each owner's, operator's, server's, vendor's, and
employee's successful completion of the LEAD training program shall be
maintained on the premises and shall be presented to a representative of
the City upon request.
6. Outdoor storage. The outdoor storage of boxes, equipment, materials,
merchandise, and other similar items shall be prohibited.
7. Conditions of approval. The owner/operator shall maintain a copy of the most
recent City permit, conditions of approval, and operating standards on the
premises and shall post a notice that these are available for review on the
premises. The posted copy shall be signed by the permittee.
8. Public telephones. Upon request of the Police Chief or as required by the ABC,
a public telephone located on the premises or in an adjacent area under the
control of the owner/operator shall be equipped with devices or mechanisms that
prevent persons from calling into that public telephone.
B. Development standards.
1. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition, the
following shall apply:
a. Window signs shall not obstruct the view of the interior of the premises,
(e.g., sales counter, cash register, employees, customers, etc.) from the
exterior.
October 2010 Newport Beach Zoning Code, Title 20
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Standards for Specific Land Uses
b. Loitering, open container, and other signs specified by the Alcoholic
Beverage Control Act shall be posted as required by the ABC.
2. Site and floor plans. The site and floor plans of an alcohol sales establishment
shall incorporate design features to reduce alcohol-related problems. The review
authority may require the incorporation of preventive design features (e.g.,
openness to surveillance and control of the premises, the perimeter, and
surrounding properties; reduction of opportunities for congregating and
obstructing public ways and neighboring property; illumination of interior and
exterior areas; and limiting furnishings and features that encourage loitering and
nuisance behavior, etc.).
C. Permit requirements.
1. New permits. Owners or operators of alcohol sales establishments shall submit
applications for permits and licenses required by Municipal Code Title 5
(Business Licenses and Regulations),In addition, permits required by Part 2
(Zoning Districts, Allowable Land Uses, and Zoning District Standards) shall also
be required. All required permits and licenses shall be obtained prior to
commencement of the use.
2. Amended permits. Owners or operators of existing alcohol sales establishments
shall be required to submit an application for an amendment to an existing permit
in any of the following circumstances:
a. Substantial change. When there is a substantial change in operation
including any of the following:
(1) A change in type of retail liquor license from the Department of
Alcoholic Beverage Control;
(2) An increase in the floor area or shelf space principally devoted to
alcohol sales by 25 percent or more or by 250 square feet or
more, whichever is less; or
(3) A reinstatement of alcohol sales after the ABC has revoked or
suspended the existing ABC license for a period of longer than 30
days.
b. Objectionable conditions. When the establishment is operated or
maintained under objectionable conditions that constitute a public
nuisance, including any of the following:
(1) A pattern of documented violations of the permit conditions, this
Zoning Code, the Municipal Code, the Penal Code, or other State
statutes; or
(2) A pattern of substantiated complaints of activity constituting
evidence of a nuisance.
3. Required findings. Prior to approval of a new or amended permit for an alcohol
sales establishment, the review authority shall find that the use is consistent with
the purpose and intent of this Section. This finding shall be in addition to the
Newport Beach Zoning Code, Title 20 October 2010
Standards for Specific Land Uses
20.48
findings required by Section 20.52.020 (Conditional Use Permits and Minor Use
Permits). In making the required finding, the review authority shall consider the
following:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts.
C. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship,
schools, other similar uses, and any uses that attract minors.
d. The proximity to other establishments selling alcoholic beverages for
either off-site or on-site consumption.
e. Whether or not the proposed amendment will resolve any current
objectionable conditions.
4. Post -decision procedures.
a. Time limits. Notwithstanding the time limits in Section 20.54.060 (Time
Limits and Extensions), an approved permit for an alcohol sales
establishment shall expire within 12 months from the date of approval
unless the California Department of Alcoholic Beverage Control issues or
transfers the ABC license before the permit expiration date.
b. Extension of time. The review authority may grant a time extension for a
permit for an alcohol sales establishment for a period not to exceed 12
months. An application for a time extension shall comply with Section
20.54.060 (Time Limits and Extensions).
C. Revocation. The review authority may revoke a permit for an alcohol
sales establishment, upon making one or more of the following findings
in addition to the findings required in Subsection 20.68.050.B
(Revocations or changes):
(1) The establishment is being operated in an illegal or disorderly
manner.
(2) Noise from the establishment violates Section 20.30.080 (Noise).
(3) The establishment fails to fully comply with the rules, regulations,
and orders of the California Department of Alcoholic Beverage
Control (ABC), including a violation of, or failure to maintain, a
valid ABC license.
d. Discontinuance. A permit for an alcohol sales establishment shall expire
if the use is discontinued for 90 consecutive days or if the ABC license for
the establishment is revoked or transferred to a different location.
October 2010 Newport Beach Zoning Code, Title 20
N=
20.48.040 — Animal -Keeping
Standards for Specific Land Uses
This Section provides standards to ensure that the raising and maintenance of animals does not
create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor,
fumes, bright lights, or insect infestations.
A. Compliance with standards. Animal -keeping shall comply with the standards in Table
4-1 (Animal -Keeping Standards).
TABLE 4-1
ANIMAL -KEEPING STANDARDS
Household Pets
Total of 3 animals
See Subsection B
Zoning
Type of Animal
Maximum Number of
Minimum
Minimum Setback
Districts
Required
Animals per Site
Parcel Size
from Lot Lines
Where
Permit (2)
Cats and/or dogs
Total of 4 animals
None
None
Allowed
P
over 4 months old
animals).
R-2
Household Pets
Domestic Farm Animals
Total of 3 animals
See Subsection B
RM
over 4 months old
None
None
RM -D
P
maximum of 3
�Z acre
setbacks for
All MU
P
Cats and/or dogs
Total of 4 animals
None
None
R-1
R-131
P
over 4 months old
animals).
R-2
Total of 6 animals
over 4 months old
None
None
RA
P
Small household pets (e.g.,
4 or more horses
below (Required
domesticated birds; hamsters,
Any combination up
1 acre
setbacks for
R -A
MUP
guinea pigs, mice;
to 10 total
None
None
All
P
nonpoisonous reptiles and
animals).
snakes; rabbits, etc.)
As determined by Conditional Use Permit
R -A
CUP
Goats, pigs, sheep, cows,
Total of 2 adult
Pot-bellied pigs
One
None
None
R-1
MUP (3)
Domestic Farm Animals
Newport Beach Zoning Code, Title 20 October 2010
One horse per each
See Subsection B
10,000 sq ft, up to a
below (Required
maximum of 3
�Z acre
setbacks for
R -A
P
horses (1)
domestic farm
animals).
Horses (noncommercial only)
See Subsection B
4 or more horses
below (Required
(1)
1 acre
setbacks for
R -A
MUP
domestic farm
animals).
Horses (commercial)
As determined by Conditional Use Permit
R -A
CUP
Goats, pigs, sheep, cows,
Total of 2 adult
15,000 sq ft
See Subsection B
R -A (3)
P
poultry, and similar animals
animals (1)
below (Required
Newport Beach Zoning Code, Title 20 October 2010
Standards for Specific Land Uses
TABLE 4-1
ANIMAL -KEEPING STANDARDS
20.48
Other Animals
Apiary Prohibited — See Municipal Code Section 7.25.010.
Aviary (noncommercial only) Allowed in compliance with Municipal Code Section 7.15.010 (Birds) and Chapter
7.08 (Wild Animals).
Wild animals Allowed in compliance with Municipal Code Chapter 7.08 (Wild Animals).
Notes:
1. Offspring are exempt until they are weaned.
2. P = Allowed without a development permit
CUP = Conditional Use Permit required (Section 20.52.020)
MUP = Minor Use Permit required (Section 20.52.020)
3. See also Municipal Code Section 7.12.010 (Keeping of Livestock).
4. Allowed in compliance with Municipal Code Chapter 7.08 (Wild Animals)
B. Required setbacks for domestic farm animals.
1. Setbacks. Structures housing domestic farm animals shall comply with the
setbacks in Table 4-2.
TABLE 4-2
REQUIRED
SETBACKS FOR STRUCTURES HOUSING DOMESTIC FARM ANIMALS
Zoning
Minimum
Type of Animal
Maximum Number of
Minimum
Minimum Setback
Districts
Required
Type of
Animals per Site
Parcel Size
from Lot Lines
Where
Permit (2)
Minimum Distance
Properties within
Properties in
Adjacent Property
Allowed
from
R -A Zoning
Other Zoning
Public Rights -of -Way
District
kept in corrals and stables,
Front
setbacks for
---
---
including pot-bellied pigs
Side
20 ft
domestic farm
25 ft
Rear
20 ft
5 ft
25 ft
animals).
See Subsection B
Fowl (not including roosters,
10 animals per 1/2
below (Required
cockerels, or peacocks)
acre
'/2 acre
setbacks for
R -A (4)
MUP
domestic farm
animals).
Other Animals
Apiary Prohibited — See Municipal Code Section 7.25.010.
Aviary (noncommercial only) Allowed in compliance with Municipal Code Section 7.15.010 (Birds) and Chapter
7.08 (Wild Animals).
Wild animals Allowed in compliance with Municipal Code Chapter 7.08 (Wild Animals).
Notes:
1. Offspring are exempt until they are weaned.
2. P = Allowed without a development permit
CUP = Conditional Use Permit required (Section 20.52.020)
MUP = Minor Use Permit required (Section 20.52.020)
3. See also Municipal Code Section 7.12.010 (Keeping of Livestock).
4. Allowed in compliance with Municipal Code Chapter 7.08 (Wild Animals)
B. Required setbacks for domestic farm animals.
1. Setbacks. Structures housing domestic farm animals shall comply with the
setbacks in Table 4-2.
TABLE 4-2
REQUIRED
SETBACKS FOR STRUCTURES HOUSING DOMESTIC FARM ANIMALS
Minimum
Minimum
Minimum
Distance from
Distance from
Distance from
Type of
Adjacent
Adjacent
Dwelling Unit on
Setback
Minimum Distance
Properties within
Properties in
Adjacent Property
from
R -A Zoning
Other Zoning
Public Rights -of -Way
District
Districts
Front
50 ft
---
---
35 ft
Side
20 ft
5 ft
25 ft
Rear
20 ft
5 ft
25 ft
October 2010 Newport Beach Zoning Code, Title 20 -
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Standards for Specific Land Uses
2. Outdoor exercise areas. Animal exercise areas and pasturing areas (i.e.,
paddocks, runs, racecourses, and show grounds) may be located up to the lot
line, except that those areas abutting a public right-of-way shall be set back a
minimum of:
a. 25 feet from a front lot line; and
b. 10 feet from a side lot line.
C. Maintenance and operational standards.
1. Applicable health and animal control regulations. The regulations of the
Orange County Health Department and the City of Newport Beach Animal
Control shall apply to animal keeping.
2. Enclosures. All animals, except for cats, shall be confined at all times within a
suitable enclosure (e.g., fences, pens, coops, cages, corrals, etc.).
3. Maintenance. Animal enclosures shall be maintained free from litter, garbage,
and the accumulation of manure to discourage flies and other disease vectors.
Manure shall not be allowed to accumulate within setback areas. Each site shall
be continually maintained in a neat and sanitary manner.
4. Noise control. Animal keeping shall comply with the Municipal Code Chapter
7.20 (Noisy Animals).
D. Permit application review. Where Table 4-1 (Animal -Keeping Standards) requires a
Minor Use Permit or a Conditional Use Permit, the review authority shall evaluate how
the proposed animals will be housed and/or confined, and whether the location, size,
and design of the area for animal keeping on the site will be adequate to allow
compliance with the other standards of this Section without unreasonable effort on the
part of the animal manager. In approving a Minor Use Permit or Conditional Use Permit,
the review authority may limit the maximum number of animals allowed on the site as
appropriate to the characteristics of the site, the surrounding land uses, and the species
of animals proposed.
20.48.050 — Animal Sales and Services
This Section provides standards for various animal sales and services establishments for the
purpose of protecting residents from their potentially adverse effects. The keeping of dogs, cats,
and other small animals that does not constitute an animal boarding/kennel facility, as defined
by this Zoning Code, shall be subject to the requirements of Section 20.48.040 (Animal
Keeping).
A. Animal boarding/kennels. The keeping of 4 or more dogs and/or cats in any
combination over the age of three 3 months shall comply with Municipal Code Chapter
7.35 (Regulations of Kennels).
B. Animal grooming. Animal grooming facilities shall be entirely enclosed, soundproofed,
and air-conditioned. Boarding of animals, outside runs or cages, outside trash
containers, and offensive odors shall be prohibited.
Newport Beach Zoning Code, Title 20 October 2010
Standards for Specific Land Uses
20.48
C. Animal retail sales. Animal retail sales establishments shall be entirely enclosed and
air-conditioned. Boarding of animals not offered for sale, outside runs or cages, outside
trash containers, and offensive odors shall be prohibited. Grooming activities shall be
incidental to the retail use.
D. Veterinary services. Animal hospitals/clinics shall be entirely enclosed, soundproofed,
and air-conditioned. Outside runs or cages, outside trash containers, and offensive
odors shall be prohibited. Animal cremation shall not be allowed. Grooming activities
shall be incidental to the hospital/clinic use. Temporary boarding of animals shall be
allowed as an accessory use.
20.48.060 — Bed and Breakfast Inns
This Section establishes standards for the establishment and operation of bed and breakfast
inns.
A. Operational standards.
1. Operator occupancy. An operator of a bed and breakfast inn shall live on the
premises.
2. Meals. Serving of meals shall be limited to registered guests only.
3. Sales. Accessory sales of goods and services shall be limited to registered
guests only. In compliance with Business & Professions Code Section 24045.12,
a bed and breakfast inn may sell alcohol to registered guests only, provided that
the establishment has an approved ABC License Type 80 (Special On -Sale
General B&B license).
4. Length of stay. Guests may occupy accommodations up to a maximum of 14
days in any 3 -month period.
B. Design and development standards.
1. Number of guest rooms. A maximum of 6 guest rooms shall be allowed in a
dwelling unit. The review authority may further limit the number of guest rooms in
residential zoning districts to ensure preservation of the neighborhood's
residential character.
2. Kitchen facilities. Separate kitchen facilities for guests shall not be provided.
3. Signs. Signs shall comply with the requirements of Chapter 20.42 (Sign
Standards).
C. Other licenses and permits. Bed and breakfast inn owners/operators shall obtain the
following licenses and permits from the City and any others required by State and local
laws and ordinances:
Transient Occupancy Registration Certificate in compliance with Municipal Code
Chapter 3.16 (Uniform Transient Occupancy Tax).
2. Business License in compliance with Municipal Code Chapter 5.04 (Business
Licenses and Regulations).
October 2010 Newport Beach Zoning Code, Title 20
20.48 Standards for Specific Land Uses
D. Tsunami information and evacuation plans. Bed and breakfast inns in areas
identified in General Plan Figure S1 (Coastal Hazards) as susceptible to tsunami
inundation shall provide guests with information on tsunamis and evacuation plans.
20.48.070 — Day Care Facilities (Adult and Child)
This Section provides standards for day care facilities for adults and children (i.e., small adult
day care (6 or fewer) small child day care (8 or fewer), large adult day care (7-14) large child
day care (9-14), and general child day care facilities.
A. Licensing. The operator of a small or large adult or child day care home shall obtain a
license from the California Department of Social Services.
B. Care provider occupancy. The single-family dwelling in which each small and large
adult or child day care home is located shall be the principal residence of the care
provider, and the use shall be clearly residential in character, and shall be accessory to
the use of the property as a residence.
C. Standards for small adult and child day care homes. Small adult and child day care
homes are considered a residential use of property and shall comply with standards
applicable to residential uses in compliance with this Zoning Code.
D. Standards for large adult and child day care homes. In addition to the requirements
of Paragraphs A and B, above, large adult and child day care homes shall comply with
the following:
1. Separation requirement. A large adult or child day care home within a
residential zoning district shall not be located within 500 feet of another day care
home.
2. Drop-off/pick-up area. A minimum of 2 off-street parking spaces as a drop-off
and pick-up area shall be provided, in addition to the spaces required for the
dwelling unit. A driveway may be used to provide these spaces, subject to
approval by the Traffic Engineer based on traffic and pedestrian safety
considerations.
3. Noise. In order to protect adjacent residential dwellings from noise impacts, a
day care home within a residential zoning district shall only operate a maximum
of 14 hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and shall
only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.
E. Standards for general day care facilities. General child day care facilities shall comply
with the following:
1. Lot size. The minimum lot size for a child day care center shall be 10,000 square
feet.
2. Separation. The minimum setback between the main assembly building or the
center and a residential zoning district shall be 30 feet.
Newport Beach Zoning Code, Title 20 October 2010
Standards for Specific Land Uses
20.48
3. Play areas and pools. Each facility shall provide indoor and outdoor play areas
in compliance with State requirements. The on-site outdoor play area shall
contain at least 75 square feet per child, and in no case shall be less than 450
square feet per facility. The outdoor play area shall not be located in the front
yard. A 4 -foot high fence shall enclose an outdoor play area and a 5 -foot high
fence shall enclose a pool.
20.48.080 — Drive -Through and Drive -Up Facilities
This Section provides standards for retail trade or service uses that provide drive-in/drive-
through facilities. The intent of these standards is to mitigate problems of traffic, congestion,
excessive pavement, litter, noise, and unsightliness.
A. Circulation. The Traffic Engineer may modify these standards to accommodate specific
site conditions. Each drive-through aisle should:
1. Be separated by curbing and landscaping from the circulation routes necessary
for ingress to or egress from the property or access to a parking space;
2. Be for vehicle stacking only;
3. Provide adequate queuing space before a menu board or a pick-up/service
window for an ATM, pharmacy, or similar use ;
4. Have a minimum 10 -foot interior radius at curves and a minimum 12 -foot width;
and
5. Be clearly designated by signs/pavement markings.
B. Walkways. Pedestrian walkways should not intersect the drive-through access aisles. If
they do intersect drive-through access aisles, they shall be clearly visible and enhanced
special paving or markings.
C. Parking. The provision of drive-through service facilities shall not justify a reduction in
the number of off-street parking spaces required in compliance with Chapter 20.40 (Off -
Street Parking).
D. Signs and menu boards.
Signs shall comply with Chapter 20.42 (Sign Standards).
2. Menu -only boards may be provided in compliance with Subsection 20.42.080.K
(Miscellaneous signs).
E. Screening.
Each drive-through aisle shall be appropriately screened with a combination of
landscaping, low walls, and/or berms to prevent headlight glare from impacting
adjacent residences, businesses, public -rights-of-way, and parking lots.
October 2010 Newport Beach Zoning Code, Title 20
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Standards for Specific Land Uses
2. A minimum 8 -foot high solid decorative wall shall be constructed on each lot line
that adjoins a residentially zoned or occupied parcel. The design of the wall and
the proposed construction materials shall be subject to the approval of the
Director. A minimum 5 -foot landscaping strip shall be provided between the wall
and any driveway.
20.48.090 — Eating and Drinking Establishments
This Section provides standards for the establishment and operation of eating and drinking
establishments.
A. Standards — all eating and drinking establishments.
1. Outdoor activities. Activities shall be conducted entirely within an enclosed
structure, except for the following, which shall not be located between the activity
and the side of a structure adjacent to a residential zoning district.
a. The checking of patrons' identification;
b. Valet parking activities;
C. Outdoor dining when in compliance with the standards in Subsection D
(Standards -outdoor dining), below.
d. Outdoor smoking areas in compliance with State law.
e. Queuing of patrons which shall be managed to:
(1) Allow pedestrian passage on the sidewalk; and
(2) Not be adjacent to residential zoning districts and residential uses.
2. Outdoor storage. Outdoor storage of boxes, equipment, materials,
merchandise, and other similar items shall be allowed if the storage area is:
a. Screened from public view, subject to the Director's approval; and
b. Dedicated for storage only, provided that the dedicated area shall not
occupy required parking spaces or open space areas.
3. Solid waste storage. The review authority may require storage areas and
receptacles that are in addition to the requirements for solid waste storage areas
in Section 20.30.120 (Solid Waste and Recyclable Materials Storage).
B. Standards — on -sale alcohol sales.
1. Operational standards. In addition to the standards in Subsection A above, the
following standards shall apply to eating and drinking establishments that sell,
serve, or give away alcohol:
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a. Sales activities. Alcoholic beverages shall not be sold, served, or given
away:
(1) Outside of the exterior walls of the eating and drinking
establishment, except for approved outdoor dining areas;
(2) From drive -up or walk-up service windows; or
(3) To persons in watercraft.
b. Litter and graffiti. The owner/operator shall:
(1) Maintain the exterior of the premises, including signs and
accessory structures, free of litter and graffiti at all times;
(2) Provide for daily removal of trash, from the premises and abutting
sidewalks or alleys within 20 feet of the premises; and
(3) Remove graffiti within 48 hours of written notice from the City.
C. Security. The review authority may require the eating and drinking
establishment to provide security personnel, security programs, and/or
surveillance devices.
d. Sales training.
Owners, operators, servers, vendors, and persons selling, serving,
or giving away alcoholic beverages shall complete a Licensee
Education on Alcohol and Drugs (LEAD) program sponsored by
the Department of Alcohol Beverage Control.
2. Records of each owner's, operator's, server's, vendor's, and
employee's successful completion of the LEAD training program
shall be maintained on the premises and shall be presented to a
representative of the City upon request.
e. Conditions of approval. The owner/operator shall maintain a copy of the
most recent City permit conditions of approval on the premises and shall
post a notice that these are available for review on the premises. The
posted notice shall be signed by the permittee.
f. Public telephones. Upon request of the Police Chief or as required by
the ABC, a public telephone located on the premises or in an adjacent
area under the control of the owner/operator shall be equipped with
devices or mechanisms that prevent persons from calling into that public
telephone.
2. Development standards.
a. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In
addition, the following shall apply:
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(1) Window signs shall not obstruct the view of the interior of the
premises, (e.g., sales counter, cash register, employees,
customers, etc.) from the exterior.
(2) Loitering, open container, and other signs specified by the
Alcoholic Beverage Control Act shall be posted as required by the
ABC.
b. Site and floor plans. The site and floor plans of an eating and drinking
establishment that sells, serves, or gives away alcohol shall incorporate
design features to reduce alcohol-related problems. The review authority
may require the incorporation of preventive design features (e.g.,
openness to surveillance and control of the premises, the perimeter, and
surrounding properties; reduction of opportunities for congregating and
obstructing public rights-of-way and neighboring property; illumination of
interior and exterior areas; and limiting furnishings and features that
encourage loitering and nuisance behavior) and other safety features
(e.g., security, restrooms, additional exits, etc.).
C. Standards - noise control late -hour operations. To encourage appropriate patron
conduct, the owner/operator of an eating and drinking establishment that sells, serves,
or gives away alcohol shall post signs at clearly visible locations within the establishment
and at both on-site and off-site parking areas under the owner/operator's control. The
signs shall request patrons to keep noise to a minimum.
D. Standards - outdoor dining (including late -hour operations).
1. Public property. Outdoor dining on public property shall comply with Municipal
Code Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) and the
standards of the Public Works Department.
2. Private property. Outdoor dining on private property shall comply with the
following standards:
a. Barriers. Appropriate barriers shall be placed between outdoor dining
areas and parking, pedestrian, and vehicular circulation areas. Barriers
shall serve only to define the areas and shall not constitute a permanent
all-weather enclosure.
b. Associated elements. Physical elements (e.g., awnings, covers,
furniture, umbrellas, etc.) that are visible from public rights-of-way shall be
compatible with one another and with the overall character and design of
the principal structure(s).
E. Standards - bars, nightclubs, and lounges. Bars, nightclubs, and lounges shall
comply with the standards in Subsections A -D, above. In addition, the structure in which
the bar, nightclub, or lounge is located shall be adequately soundproofed so that interior
noise is not audible beyond the lot line with the doors and windows closed.
F. Permit requirements.
1. New establishments. Permits and licenses required by Municipal Code Title 5
(Business Licenses and Regulations) shall be obtained for new eating and
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drinking establishments, in addition to permits required by Part 2 (Zoning
Districts, Allowable Land Uses, and Zoning District Standards).
2. Existing establishments. An existing eating and drinking establishment,
including bars, lounges, and nightclubs shall obtain permits and licenses required
by Municipal Code Title 5 (Business Licenses and Regulations) in the following
circumstances:
a. Substantial change. When there is a substantial change in operation
including any of the following:
(1) An application for, or a change in type of, retail liquor license from
the Department of Alcoholic Beverage Control;
(2) An increase in the floor area principally devoted to alcohol sales
by 25 percent or more or by 250 square feet or more, whichever is
less; or
(3) A reinstatement of alcohol sales after the ABC has revoked or
suspended the existing ABC license for a period of longer than 30
days.
b. Objectionable conditions. When the establishment is operated or
maintained under objectionable conditions that constitute a public
nuisance, including any of the following:
(1) A pattern of documented violations of the permit conditions, this
Zoning Code, the Municipal Code, the Penal Code, or other State
statutes; or
(2) A pattern of substantiated complaints of activity constituting
evidence of a nuisance.
3. Review criteria.
a. Late -hour operations. When reviewing an application to allow late -hour
operations, the review authority shall consider the following potential
impacts upon adjacent or nearby uses:
(1) Noise from music, dancing, and voices associated with allowed
indoor or outdoor uses and activities;
(2) High levels of lighting and illumination;
(3) Increased pedestrian and vehicular traffic activity during late night
and early morning hours;
(4) Increased trash and recycling collection activities;
(5) Occupancy loads of the use; and
(6) Any other factors that may affect adjacent or nearby uses.
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b. Outdoor dining. When reviewing an application to allow outdoor dining,
the review authority shall consider the relation of outdoor dining areas to
sensitive noise receptors (e.g., hospitals, schools, and residential uses).
Mitigation measures shall be applied to eliminate potential impacts related
to glare, light, loitering, and noise.
C. On -sale alcohol sales. When reviewing an application to allow an eating
or drinking establishment to sell, serve, or give away alcohol, the review
authority shall:
(1) Evaluate the potential impacts upon adjacent uses outlined in
Subparagraph a (Late -hour operations), above. For the purposes
of this Subparagraph, "adjacent uses" shall mean those uses
within 100 feet of the proposed use, as measured between the
nearest lot lines;
(2) Consider the proximity to other establishments selling alcoholic
beverages for either off-site or on-site consumption; and
(3) Make the findings in Subsection 20.48.030.C.3 (Alcohol Sales —
Off- Sale).
4. Post -decision procedures.
a. With on -sale alcohol sales. For establishments with permits for on -sale
alcohol sales, the post -decision procedures in Subsection 20.48.030.C.4.
shall apply.
b. Without on -sale alcohol sales. For establishments that do not sell,
serve, or give away alcohol, the procedures and requirements in Chapter
20.54 (Permit Implementation, Time Limits, and Extensions), and those
related to appeals in Part 6 (Zoning Code Administration) shall apply.
20.48.100 — Emergency Shelters
This Section provides standards for the establishment and operation of emergency shelters in
compliance with Government Code Section 65583.
A. Maximum number of beds. Each emergency shelter may have a maximum of 40 beds.
B. Parking. Off-street parking shall comply with Chapter 20.40 (Off -Street Parking) Non-
operational and unregistered vehicles shall not be kept on site. Towing shall be the
responsibility of the shelter operator.
C. Design and amenities.
1. Exterior waiting area. Each emergency shelter shall provide an exterior waiting
area of at least 10 square feet per bed to accommodate clients and to prevent
queuing into the public right-of-way. An exterior waiting area shall be physically
separated from the public right-of-way.
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2. Facility layout. Living, dining, and kitchen areas shall be physically separated
from sleeping areas.
3. Sleeping area. Each emergency shelter shall provide at least 35 square feet of
sleeping area per bed.
4. Bathroom facilities. Each emergency shelter shall provide facilities for personal
care (i.e., bathroom and shower facilities).
5. Telephone services. The shelter shall provide landline telephone services
separate from the office phone in order to provide privacy. Any payphones
provided shall allow call -out service only.
6. Additional standards. Each emergency shelter shall comply with applicable
Building Code, Fire Code, and State Department of Social Services licensing
requirements.
D. Location restriction.
1. Minimum separation distance. An emergency shelter shall be located at least
300 feet away from another emergency shelter.
2. Measurement of separation distance. The distance of separation shall be
measured in a straight line between the property lines of each use without regard
to intervening structures or objects.
E. Operational standards.
1. Length of stay. The maximum length of stay shall be 14 days.
2. On-site management. Each emergency shelter shall provide on-site supervision
at all times.
3. Congregation in neighborhood prohibited. The shelter operator shall:
a. Patrol the surrounding area within 1,000 feet for one hour after the closing
of the shelter each morning to ensure that homeless shelter residents are
not congregating in the neighborhood.
b. Regularly patrol the area surrounding the shelter site during hours that
the shelter is in operation to ensure that homeless persons who have
been denied access are not congregating in the neighborhood.
4. Contact information. The operator shall provide information about how to
contact the operator with questions or concerns regarding shelter operations.
The contact information shall be posted on site where it is readily viewable by an
employee, shelter inhabitant, or representative of a governmental agency.
5. Litter and graffiti. The owner/operator shall:
a. Maintain the exterior of the premises, including signs and accessory
structures, free of litter and graffiti at all times;
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b. Provide for daily removal of trash from the premises and abutting
sidewalks or alleys within 20 feet of the premises; and
C. Remove graffiti within 48 hours of written notice from the City.
6. Controlled access. The facility and/or the premises shall be accessed by one
entrance.
7. Supplemental services. Supplemental services (e.g., food, counseling, access
to other social programs, etc.) may be offered on the inside of the premises.
20.48.110 — Home Occupations
This Section provides standards for the conduct of home occupations as an accessory use to
ensure compatibility with the residential character of the neighborhoods where located and to
prevent disturbances or annoyances to any reasonable person of normal sensitivity residing in
the area.
A. Occupancy. A home occupation shall only be operated in a residence occupied by a
single -housekeeping unit and by a member(s) of that single house keeping unit.
B. Location. A home occupation use shall be conducted in the principal dwelling unit; shall
be excluded from a setback area, yard or accessory structure; and shall be clearly
incidental and subordinate to the principal residential use.
C. Alterations. Alterations shall not be made in either the internal or external structural
form of the residential structure or the external appearance for purposes of any home
occupation. The removal of partitions or floors, in whole or in part, shall be construed as
an alteration of the external or internal structural form and is prohibited.
D. Signs. Evidence of a home occupation shall not be visible from off the lot where it is
conducted. Advertising sign(s), displays of merchandise or stock -in -trade, or other
identification of the business activity shall not be displayed on the premises in a manner
that they are visible at any property line of the subject property.
E. Employees. Employees of a home occupation shall be limited to permanent residents of
the dwelling unit. This restriction shall not apply to independent contractors who make
occasional or periodic visits to the site of the home occupation.
F. Storage. Equipment or materials used in a home occupation shall not be stored outside
or visible from any property line of the subject property.
G. Utilities. Changes shall not be made in any noncommunications utility line, meter, or
service to accommodate a home occupation and utility use shall not unreasonably
exceed that normally or previously used at the residence.
H. Performance standards. Equipment or processes shall not emit radiation or create
noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal
senses off the lot. In the case of electrical interference, equipment or processes shall
not create visual or audible interference.
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Parking. Parking shall comply with Chapter 20.40 (Off-street Parking) and Section
20.38.060 (Nonconforming Parking).
J. Traffic generation. A home occupation shall not create pedestrian, automobile, or truck
traffic significantly in excess of the normal amount in the neighborhood.
K. Prohibited activities. Vehicle repair or storage associated with the home occupation
shall not be allowed. Storage of hazardous materials shall not be allowed.
L. Visitors. Home occupations shall not be open to visitors without prior appointments.
M. State law. Home occupations shall be subject to all other State and local laws and
ordinances.
N. Business licenses. Applicable business licenses shall be obtained as required by
Municipal Code Title 5 (Business Licenses and Regulations).
O. Commercial filming activities. Commercial filming activities may be allowed subject to
approval of a film permit in compliance with Municipal Code Chapter 5.46 (Regulation of
Commercial Film Production).
20.48.120 — Massage Establishments and Services
This Section provides standards for the establishment, location, and operation of massage
establishments operated as an independent use, in addition to the standards in Municipal Code
Chapter 5.50 (Massage Establishments). These standards are intended to promote operation of
legitimate massage services and to prevent problems of blight and deterioration, which
accompany and are brought about by large numbers of massage establishments that may act
as fronts for prostitution and other illegal activity.
A. Location requirements. A massage establishment shall not be located:
1. Within 500 feet of a public or private school, park or playground, civic center,
cultural site, or religious institution; or
2. Within 500 feet of another massage establishment site.
B. Waiver of location restrictions. A property owner may apply for a waiver of the
location restrictions contained in Paragraph 1, above. The review authority, after a public
hearing, may waive any location restriction, if all of the following findings are made:
1. The proposed use will not be contrary to the public interest or injurious to nearby
properties, and that the spirit and intent of this Section will be observed;
2. The proposed use will not enlarge or encourage the development of an urban
blight area; and
3. The proposed use will not adversely affect a religious institution, school, park, or
playground.
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20.48.130 — Mixed -Use Projects
Standards for Specific Land Uses
This Section provides standards and criteria for the development of mixed-use projects. The
primary intent of these standards and criteria is to balance the needs of nonresidential uses for
access, visibility, parking, loading, safety, and economic development with the needs of
residential uses for privacy, security, and relative quiet.
A. Site Development Review approval required. Mixed-use projects shall require
approval of a site development review in compliance with Section 20.52.080 (Site
Development Review).
B. Development standards. In addition to the development standards provided in this
Section, development standards for mixed-use projects are provided in:
Table 2-11 (Development Standards for MU -V; MU -MM; MU -DW; and MU-
CV/15t' St.);
2. Table 2-12 (Development Standards for MU -W1 and MU -W2 Mixed -Use Zoning
Districts); and
3. Other Sections in this Part 4 for specific uses that may be part of the proposed
mixed-use project.
C. Nonresidential uses required on ground -floor. All (i.e., 100 percent) of the ground
floor street frontage of mixed-use structures shall be a minimum depth of 25 feet and
shall be occupied by retail and other compatible nonresidential uses except:
1. As specified otherwise by Table 2-11 or Table 2-12 in Part 2 (Zoning Districts,
Allowable Land Uses, and Zoning District Standards); or
2. For common/shared building entrances for residences on upper floors.
D. Open space areas. Open space areas shall be provided in compliance with Table 2-11
or Table 2-12 in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District
Standards)
Private open space. The private open space areas required for residential
dwelling units (e.g., balconies, decks, porches, etc.) shall be designed to limit
intrusion by nonresidents.
2. Common open space. The common open space areas required for residential
dwelling units shall be separated from nonresidential uses on the site and shall
be sited and designed to limit intrusion by nonresidents and customers of
nonresidential uses. However, the sharing of common open space may be
allowed by the review authority when it is clear that the open space will provide
direct benefit to project residents. Common open space uses may be provided on
rooftops for use only by the project residents.
E. Sound mitigation. An acoustical analysis report, prepared by an acoustical engineer,
shall be submitted to the Director describing the acoustical design features of the
structure that will satisfy the exterior and interior noise standards. Projects shall be
attenuated in compliance with the report. Mixed-use projects shall comply with the noise
standards in Title 10, Chapter 10.26 of the Municipal Code.
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F. Parking, loading, and access.
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1. Type and layout of parking facility. Parking facilities shall be physically
separated for nonresidential uses and residential uses, except for residential
guest parking. If enclosed parking is provided for an entire mixed-use complex,
separate areas/levels shall be provided for nonresidential and residential uses
with separate building entrances, whenever possible, subject to confirmation and
approval by the review authority.
2. Loading areas. Loading areas for nonresidential uses shall be located as far
away as possible from residential uses and shall be completely screened from
view from the residential portion of the project and public rights-of-way. Loading
areas shall be compatible in architectural design and details with the overall
project. The location and design of loading areas shall mitigate nuisances from
odors when residential uses might be impacted.
3. Site access driveways. Separate site access driveways shall be provided,
whenever possible, for nonresidential and residential uses. Site access
driveways shall incorporate distinctive architectural elements, landscape
features, and signs to help differentiate access to nonresidential parking areas
from access to residential parking areas.
G. Buffering and screening. Buffering and screening shall be provided in compliance with
Section 20.30.020 (Buffering and Screening). Mixed-use projects shall locate loading
areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise
sources away from the residential portion of the development to the greatest extent
feasible.
H. Notification to owners and tenants. Project applicants shall prepare a written
disclosure statement prior to sale, lease, or rental of a residential unit in a mixed use
project or located within a mixed use zoning district. The disclosure statement shall
indicate that the occupants will be living in an urban type of environment and that the
noise, odor, and outdoor activity levels may be higher than a typical suburban residential
area. The disclosure statement shall include a written description of the potential impacts
to residents of both the existing environment and potential impacts based upon the
allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the
statement acknowledging that they have received, read, and understand the disclosure
statement. The Project applicant shall covenant to include within all deeds, leases or
contracts conveying any interest in a residential unit in a mixed use project or located
within a mixed use zoning district (1) the disclosure and notification requirement stated
herein; (2) an acknowledgment by all grantees or lessees that the property is located
within an urban type of environment and that the noise, odor, and outdoor activity levels
may be higher than a typical suburban residential area; and (3) acknowledgment that the
covenant is binding for the benefit and in favor of the City of Newport Beach.
Deed notification. As a condition of project approval for a residential unit in a mixed use
project or in a mixed-use zoning district, applicants shall record a deed notification with
the County Recorder's Office, the form and content of which shall be satisfactory to the
City Attorney. The deed notification document shall state that the residential unit is
located in a mixed use project or in a mixed-use zoning district and that an owner may
be subject to impacts, including inconvenience and discomfort, from lawful activities
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occurring in the project or zoning district (e.g., noise, lighting, odors, high pedestrian
activity levels, etc.).
20.48.140 — Outdoor Storage, Display, and Activities
This Section provides standards for outdoor storage and display of materials, merchandise, and
equipment and for outdoor activities on private property in nonresidential zoning districts. For
regulations on outdoor storage in residential zoning districts, see Municipal Code Section
10.50.020 (Nuisance). Outdoor uses within the public right-of-way require an encroachment
permit issued by Public Works in compliance with Municipal Code Title 13 (Streets, Sidewalks,
and Public Property).
A. Outdoor storage in nonresidential zoning districts. Outdoor storage of merchandise,
material, and equipment shall be allowed in nonresidential zoning districts only when
accessory to an allowed use located on the same premises, provided the following
criteria are met:
1. The storage area is screened with fences, walls, solid hedges, or other methods
approved by the Department. Chain link fencing with or without slats is not
allowed.
2. The height of stored merchandise, materials, or equipment shall not exceed the
height of the screening element(s).
3. Outdoor storage shall only be allowed in setback areas if in compliance with
Subsection 20.30.110.D (Allowed encroachments into setback areas).
B. Outdoor display.
Outdoor display of the following merchandise shall be allowed without screening,
subject to the requirements in Paragraph 3 below.
a. Flowers and plants;
b. Clothing and apparel;
b. Food products;
C. Handcrafted products and goods;
d. Artwork and pottery;
e. For -rent recreational equipment (e.g., bicycles, roller skates, surf boards,
etc.);
f. Operable boats, motor vehicles, motorcycles, and trucks;
g. Limited on-site walkway displays adjacent to buildings; and
h. Other merchandise that the Director finds to be similar in character, type,
or nature to the merchandise listed above.
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2. Outdoor display of merchandise that is not listed in Subparagraph 1, above, may
be allowed, subject to the requirements in Paragraph 3 below, provided that the
display area is screened by fences, walls, landscaping, or a combination of these
screening elements. The height of displayed merchandise, materials, or
equipment shall not exceed the height of the screening element(s). Regulations
for outdoor display at service stations are provide in Section 20.48.210 (Service
Stations).
3. Outdoor display/sales areas shall comply with all of the following:
a. Fences or walls shall screen a display/sales area located on the side of a
lot that abuts residentially zoned lots.
b. A display/sales area shall be on private property and shall not encroach
on required parking areas or landscaped areas.
C. The display/sales area shall be directly related to an allowed use
occupying a principal structure on the same premises.
d. Outdoor storage shall only be allowed in setback areas if in compliance
with Subsection 20.30.110.D (Allowed encroachments into setback
areas).
e. Displayed merchandise shall not obstruct traffic sight areas; encroach
upon landscaped areas, driveways, parking spaces, or pedestrian
walkways; or otherwise create hazards for vehicle or pedestrian traffic.
The outdoor display of merchandise shall only be allowed during regular
hours of operation, except for vehicle sales/rentals and nurseries.
g. Additional signs, beyond those normally allowed for the subject use, shall
not be provided for the outdoor display and sales area.
C. Outdoor activity in commercial and mixed-use zoning districts.
Repair, installation, manufacturing, and assembly uses allowed in commercial
and mixed-use zoning districts shall be conducted within a completely enclosed
building.
2. Outdoor activity or work areas shall be allowed for uses other than those listed in
Subparagraph 1, above, only when associated with an allowed use located on
the same premises and when not encroaching on required parking areas or
landscaped areas.
D. Outdoor activity in industrial zoning districts.
Outdoor activity and work areas shall be allowed only when associated with an
allowed use located on the same premises.
2. Outdoor activity and work areas shall not be allowed within the required front or
street side setbacks or within required parking areas or landscaped areas.
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3. Outdoor activity and work areas shall be completely enclosed by fences, walls,
structures, or a combination of these, that comply with Section 20.30.040
(Fences, Hedges, Walls, and Retaining Walls).
20.48.150 — Personal Property Sales in Residential Districts
This Section provides standards for personal property sales in residential zoning districts.
A. Number of days. Sales may be conducted for a maximum time period of 3 consecutive
days.
B. Number of times. Sales shall not be conducted more than 2 times in any 12 month
period.
C. Hours. Sales shall be conducted only during daylight hours.
D. Public rights-of-way. Property shall not be stored, displayed, or offered for sale within
public rights-of-way or on public property, except as provided by Municipal Code Section
10.08.030 (Use of Streets and Sidewalks for Commercial Purposes).
E. Household goods. Property displayed or offered for sale or trade shall be limited to
used personal property from or on any residence or group of residences within the same
neighborhood. New or used property acquired or consigned solely for the purposes of
resale shall not be displayed or offered for sale or trade.
F. Food/beverages. Food or beverages shall not be offered for sale or trade.
G. Signs. Signs shall comply with the standards in Chapter 20.42 (Sign Standards) for
temporary signs. In no case, shall the sign be placed within a public right-of-way (e.g.,
sidewalk, street, etc.) or on any other public property.
H. Post -sale clean-up. All goods, materials, and signs associated with the garage and/or
yard sale shall be removed within 24 hours of the end of the sale.
20.48.160 — Recycling Facilities
This Section establishes standards and procedures for the siting and operation of various types
and sizes of commercial recycling facilities.
A. Small collection facilities. A small collection facility shall:
Not exceed an area of 350 square feet or 3 parking spaces, not including space
that would be periodically needed for the removal of materials or exchange of
containers;
2. Be set back at least 10 feet from a public right-of-way and shall not obstruct
pedestrian or vehicular circulation;
3. Accept only CRV glass, aluminum, or plastic containers, paper, and other
recyclable items;
4. Not use power -driven processing equipment;
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6. Not be located within 50 feet of a lot zoned or occupied for residential use;
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7. Have containers and site fencing that are compatible in color and design and
harmonious with the surrounding neighborhood;
8. Store materials in sturdy containers that are secured and maintained in good
condition. Storage, excluding truck trailers, shall not be visible above the height
of the required screen walls;
9. Be kept clean and free of litter;
10. Have signs as follows:
a. Identification signs with a maximum area of 15 percent for each side of
the structure or 12 square feet, whichever is less. In the case of a
wheeled facility, the side shall be measured from the ground to the top of
the container;
b. Signs that are compatible and harmonious with the character of their
location; and
C. Directional signs, consistent with Chapter 20.42 (Sign Standards) and
without advertising message, installed with the approval of the Director if
found necessary to facilitate traffic circulation or if the facility is not visible
from the public right-of-way.
11. Not reduce available parking spaces below the minimum number required for the
principal use.
B. Large collection facilities. A large collection facility shall:
1. Not be located within 300 feet of a residential use;
2. Be screened from public rights-of-way by solid masonry walls or located within an
enclosed structure as required by the review authority;
4. Store materials in sturdy containers that are secured and maintained in good
condition. Storage, excluding truck trailers, shall not be visible above the height
of the required screen walls; and
5. Be kept clean and free of litter.
20.48.170 — Residential Care Facilities
This Section provides standards for residential care facilities granted a Conditional Use Permit
in compliance with Section 20.52.030 (Conditional Use Permits in Residential Zoning Districts).
A. Smoking in outdoor areas. Staff, clients, guests, or any other users of a residential
care facility shall not smoke in an area from which the second-hand smoke may be
detected on any parcel other than the parcel upon which the facility is located.
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B. Management and operation.
The property shall be operated in compliance with applicable State, Federal, and
local law and in conformance with the management and operating plan and rules
of conduct submitted as part of the application for a Conditional Use Permit or as
identified in the conditions of approval for a Conditional Use Permit.
2. Each management and operation plan shall provide a phone number by which
the operator may be contacted at all times.
3. If applicable, the permittee shall comply with the business license provisions of
Municipal Code Title 5 (Business Licenses and Regulations).
C. Standards for residential care facilities. In order to ensure that residential care
facilities are operating in a manner that is consistent with State and Federal law and
established industry standards and to ensure that operators do not have a pattern or
practice of operating similar facilities in violation of State, Federal, or local law, the
standards listed below shall apply:
If the facility is not licensed by the State of California, owners, managers,
operators, and residents shall not:
a. Provide any services onsite if the provision of the service requires
licensure of the facility under California law; or
b. Provide any services to persons not residing onsite.
2. If the facility is required to be licensed by the State of California, owners,
managers, operators, and residents hall not:
a. Provide any services other than those that the facility is authorized and
licensed to provide by the State of California; or
b. Provide any services to persons not residing onsite.
3. The names of all persons and entities with an ownership or leasehold interest in
the residential care facility, or who will participate in operation of the facility, shall
be disclosed in writing to the City, and the persons and entities shall not have a
demonstrated pattern or practice of operating similar facilities in or out of the City
in violation of State or local law.
4. The operator of the residential care facility shall provide a list of the addresses of
all similar facilities in the State owned or operated by the operator within the past
5 years and shall certify under penalty of perjury that none of the facilities has
been found by State or local authorities to be operating in violation of State or
local law. All information submitted shall be subject to verification by the Director.
5. Off-street parking shall be provided in compliance with Chapter 20.40.
Newport Beach Zoning Code, Title 20 October 2010
Standards for Specific Land Uses
20.48.180 — Residential Development Standards and Design Criteria.
A. Development standards
20.48
Applicability. The development standards in this Subsection shall apply to all R-
1 zoning districts and to all R-2 zoning districts citywide, except as provided in
Subsection B, below.
2. Exceptions. This Section does not apply to;
a. R -BI, R-1-6,000, R-1-7,200, and R-1-10,000 zoning districts;
b. Lots 25 feet wide or less in the R-2 zoning district; or
C. Planned community zoning districts.
3. Third floor limitations.
a. Allowed floor area. The maximum gross floor area of habitable space
that may be located on a third floor or above 24 feet in height shall not be
greater than either of the following:
(1) 15 percent of the total buildable area for lots wider than 30 feet; or
(2) 20 percent of the total buildable area for lots 30 feet wide or less.
On sloping lots, if the slope of the grade on which the structure is located
is greater than 5 percent, subject Subsection 20.30.050.B.3, the Director
shall determine which story is the third story for the purpose of
implementing this requirement.
For example, on a 30 -foot wide lot, if the total buildable area of the lot is
2,550 square feet , then the maximum square footage of habitable space
that may be located on the third floor, or above 24 feet in height, is 510
square feet (2,550 sq. ft. X 20% = 510 sq. ft.).
b. Location of third floor structure. Enclosed square footage located on
the third floor shall be set back a minimum of 15 feet from the front and
rear setback lines and for lots greater than 30 feet in width a minimum of
2 feet from each side setback line, including bay windows.
4. Open volume area required.
a. Calculation. Open volume area shall be provided in addition to the
required setback areas and shall be a minimum area equal to 15 percent
of the buildable area of the lot.
b. Location. The open volume area may be provided anywhere on the lot
within the buildable area and below 24 feet from grade. The open volume
area may be provided on any level or combination of levels and may
extend across the entire structure or any portion thereof.
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Standards for Specific Land Uses
C. Minimum dimensions. The open volume area shall meet the following
standards:
(1) Have a minimum dimension of at least 5 feet in depth from the
wall plane on which it is located and a minimum clear vertical
dimension of at least 7.5 feet; and
(2) Be open to the outdoors on at least one side.
B. Design criteria.
Applicability. The design criteria provided in this Subsection shall apply to all
single -unit and two -unit residential buildings citywide. The following design
criteria shall be used in determining a project's consistency with the purpose of
this Zoning Code and with the policies of the General Plan related to architecture
and site design. The criteria shall apply to all new single -unit and two -unit
residential buildings and additions thereto. Review of projects under this
subsection is ministerial and shall occur concurrently with the review of plans for
building permit issuance.
2. Design criteria.
a. Walls. Long unarticulated exterior walls are discouraged on all structures.
The visual massing of a building should be reduced by incorporating
appropriate design elements; including variation in the wall plane, building
modulation, openings, recesses, vertical elements, varied textures, and
design accents (e.g. moldings, pilasters, etc.). Front facades shall include
windows.
b. Upper floors. Portions of upper floors should be set back in order to
scale down facades that face the street, common open space, and
adjacent residential structures. Upper story setbacks are recommended
either as full length "stepbacks" or partial indentations for upper story
balconies, decks, and/or aesthetic setbacks.
C. Architectural treatment. Architectural treatment of all elevations visible
from public places, including alleys, is encouraged. Treatments may
include window treatments, cornices, siding, eaves, and other
architectural features.
d. Front facade. Where the neighborhood pattern is for the primary
entrance to face the street, the primary entry and windows should be the
dominant elements of the front facade. Primary entrances should face the
street with a clear, connecting path to the public sidewalk or street.
Alternatively, entry elements may be visible from the street without the
door necessarily facing the street.
e. Main entrance. The main dwelling entrance should be clearly articulated
through the use of architectural detailing.
Newport Beach Zoning Code, Title 20 October 2010
Standards for Specific Land Uses
20.48.190 — Satellite Antennas and Amateur Radio Facilities
20.48
This Section provides standards for the location and installation of satellite antennas, amateur
(noncommercial) radio communication facilities, and citizen band radio antennas that are
intended for the private use of the property owner.
A. Purpose. The purpose of these regulations is to:
Preserve visual access to major natural features (e.g., sea, bluffs, bay, harbor);
2. Reasonably accommodate amateur radio communications and avoid imposing
unreasonable costs on amateur radio operators;
3. Avoid unreasonable limitation on the reception or transmission of satellite -
delivered signals.
B. Exempt. In any zoning district, a ground -mounted or structure -mounted, receive -only
radio antenna or satellite dish antenna that does not project above the roof ridge line and
does not have a diameter greater than one meter (39 inches) shall be exempt from the
regulations in this Section.
C. Development standards - Amateur radio antennas.
1. Lowering device. Amateur radio antennas, capable of a maximum extended
height in excess of 40 feet, with the exception of whip antennas, shall be
equipped with a motorized device and mechanical device, each capable of
lowering the antenna to the maximum permitted height when not in operation.
2. Allowed height.
a. The height of an antenna shall be measured from existing grade at the
point the mast touches, or if extended would touch, the ground.
b. When in operation, no part of any amateur radio antenna shall extend to a
height of more than 75 feet above existing grade of the site on which the
antenna is installed.
C. When not in operation, no part of any amateur radio antenna, excepting
whip antennas, shall extend to a height of more than 28 feet measured
above grade of the site on which the antenna is installed.
3. Number allowed. One amateur radio antenna structure and one whip antenna
shall be allowed on each site.
4. Siting and setbacks. Antenna structures shall be located as follows;
a. No portion of the antenna structure or mast ishall be located within any
required setback area; and
No portion of the antenna structure or mast shall obstruct or interfere with
a public view identified in Section 20.30.100 (Public View Protection).
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Standards for Specific Land Uses
C. No portion of the antenna structure or mast shall be within the front 40
percent of that portion of the site that abuts a public right-of-way; and
d. In the event a site abuts 2 or more public rights-of-way, the mast shall
not be located within the front 40 percent of that portion of the site where
primary access is provided to the lot.
D. Development standards - Satellite dish antennas.
1. Setbacks. A satellite dish antenna shall not be located in a required setback
area, except that satellite dish antennas that do not exceed 6 feet in height may
be located:
a. In a required side setback area if not adjacent to a public right-of-way ;
and
b. In a required rear setback area where the rear setback area is not
adjacent to an alley.
2. Number. A maximum of 1 satellite dish antenna shall be allowed on a site.
3. Color. Satellite dish antennas that are not screened shall be painted in a manner
compatible with the structures on the site.
4. Sign. Signs shall not be posted or displayed on a satellite dish antenna.
5. Ground -mounted satellite dish antennas.
a. Size. The diameter of a ground -mounted dish antenna shall not exceed
10 feet.
b. Height. The height of any portion of a ground -mounted dish antenna shall
not exceed 15 feet.
C. Location. In residential zoning districts, a ground -mounted dish antenna
shall be located:
(1) On the rear one-half of the lot; or
(2) If a lot borders a public right-of-way and a waterway, beach, bluff,
or park, in the middle one-third of the lot measured from the lot
line adjacent to the public right-of-way to the rear lot line, mean
high tide line, actual high tide line, or bulkhead line, whichever is
closest to the lot line adjacent to the public right-of-way.
d. Other requirements. Ground -mounted dish antennas shall not reduce
areas required for parking, internal circulation, landscaping, or other
development standard criteria.
6. Roof -mounted antennas.
a. Size. The diameter of a roof -mounted satellite dish antenna shall not
exceed 10 feet.
Newport Beach Zoning Code, Title 20 October 2010
Standards for Specific Land Uses
20.48
b. Height. Roof -mounted antennas shall not exceed the height limit for the
zoning district.
C. Location. Roof -mounted dish antennas shall be located:
(1) On the rear one-half of the lot or the rear one-half of the structure
farthest from the primary access to the site, whichever is farthest
from the front lot line; or
(2) If a lot borders a public right-of-way and a waterway, beach, bluff,
or park, in the middle one-third of the lot measured from the lot
line adjacent to the public right-of-way to the rear lot line, mean
high tide line, actual high tide line, or bulkhead line, whichever is
closest to the lot line adjacent to the public right-of-way; and
(3) In the case of a sloping roof, the antenna shall be mounted on the
lower 2/3 of the roof plane to which it is attached.
d. Wiring. Electrical and antenna wiring shall be placed underground or
otherwise screened from view.
e. Permanent mounting. For a land-based installation, dish antennas shall
be permanently mounted and antenna may not be installed on a portable
or movable structure.
E. Nonconforming antennas.
1. Amateur radio antennas. Amateur radio antennas, antenna structures, and
masts in existence before April 27, 1988 shall be considered legal and
nonconforming and may continue to be used without complying with this Section
except as follows:
a. Amateur radio antennas, antenna structures, and masts that are a legal
nonconforming use shall comply with the Subsection C.2 (Allowed
Height), above, to the extent that they are capable of doing so without
modifications.
b. Amateur radio antennas, antenna structures and masts may be enlarged,
expanded, or relocated only if brought into compliance with this Section,
unless the expansion, enlargement, or relocation is necessary to allow
reasonable use of the amateur radio equipment served by the antenna. In
that event, a Minor Use Permit shall be obtained in compliance with
Section 20.52.020 before an expansion, enlargement, or relocation.
2. Satellite dish antennas. Satellite dish antennas in existence prior to July 26,
1989 shall be considered legal and nonconforming. Nonconforming satellite dish
antennas may be enlarged, expanded or relocated only if the satellite dish
antennas are brought into compliance with this Section, unless the expansion,
enlargement, or relocation is necessary to permit reasonable use of the satellite
dish antennas. In that event, a Minor Use Permit shall be obtained in compliance
with Section 20.52.020 before an expansion, enlargement or relocation.
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F. Permit and application requirements.
Standards for Specific Land Uses
Amateur radio antennas, structures and masts and satellite dish antennas that
comply with the development standards in this Section are allowed as an
accessory use in all zoning districts.
2. Amateur radio antennas, structures and masts and satellite dish antennas that do
not comply with the development standards in this Section shall require a Minor
Use Permit in compliance with Section 20.52.020 (Conditional Use Permits and
Minor Use Permits).
3. The Zoning Administrator may waive or modify the development standards in this
Section upon application for a Minor Use Permit. The Zoning Administrator shall
issue a Minor Use Permit for an amateur radio antenna, structure, or mast, or a
satellite dish antenna if the Zoning Administrator can make any of the following
findings:
a. Strict compliance with the development standards will result in
unreasonable limitations on, or will prevent, reception or transmission of
signals;
b. The cost of strict compliance with the development standards would be
excessive in light of the purchase and installation costs of the antenna; or
C. Strict compliance with the development standards is not necessary to
achieve the purposes of this Section.
20.48.200 — Senior Accessory Dwelling Units
A. Purpose. The purpose of this Section is to:
Establish procedures for the creation of granny units as defined in Part 7
(Definitions) and in California Government Code Section 65852.1, and to provide
development standards to ensure the orderly development of these units in
appropriate areas of the City.
2. Prohibit the development of second units, as defined in Part 7 (Definitions), on
single family residential lots as provided for in Government Code Section
65852.2.
B. Prohibitions. The creation of a second unit on all sites within the City where this Zoning
Code and the General Plan allow only 1 dwelling unit is expressly prohibited. Nothing
contained in this Section shall affect the creation of granny units under Government
Code Section 65852.1 that are in compliance with the Municipal Code.
C. Development standards. The following standards shall be met before the occupancy of
the granny unit in compliance with this Section:
1. Building height. Granny units shall comply with the maximum height limits in the
zoning district in which they are located as provided in Part 2 (Zoning Districts,
Allowable Land Uses, and Zoning District Standards).
Newport Beach Zoning Code, Title 20 October 2010
Standards for Specific Land Uses
20.48
2. Setback requirements. Granny units shall comply with the setback
requirements applicable to the zoning district in which they are located.
3. Minimum lot size. A minimum lot size of 5,450 square feet shall be required in
order to establish a granny unit.
4. Minimum floor area. Each granny unit shall provide a minimum of 600 square
feet of floor area and a maximum of 640 square feet of floor area as measured
from within the surrounding perimeter walls of the unit.
5. Owner occupancy required. The principal dwelling unit or the granny unit shall
be continuously occupied by at least 1 person having an ownership interest in the
lot.
D. Verification of Occupancy. Commencing with the final inspection of the granny unit by
the Building Inspector and on an annual basis every year afterwards, the property owner
shall submit to the Director the names and birth dates of any and all occupants of the
granny unit to verify occupancy by a person or persons 60 years of age or older. Upon
any change of tenants, the property owner shall notify the Director immediately. This
information shall be submitted in writing and shall contain a statement signed by the
property owner certifying under penalty of perjury that all of the information is true and
correct.
E. Deed restriction and recordation required. After approval of a Minor Use Permit and
before issuance of a Building and/or Grading Permit for a granny unit, the property
owner shall record a deed restriction with the County Recorder's Office, the form and
content of which is satisfactory to the City Attorney. The deed restriction document shall
state that under no circumstances shall the granny unit be rented to or otherwise
occupied by any person or persons less than 60 years of age. The deed restriction
document shall also contain all conditions of approval imposed by the review authority.
This deed restriction shall remain in effect so long as the granny unit exists on the
property.
F. Termination of use. In the event that the property owner desires to terminate the use of
the granny unit and remove the deed restriction, building permits shall be obtained that
restore the property to a single dwelling unit as defined in Part 7 (Definitions). The
Director shall review and approve the plans before the issuance of the building permits
to ensure compliance with the intent of this Section and the definition. Upon completion
of the final inspection by the Building Official, the Director shall cause the deed
restriction to be removed from the property by the County Recorder.
20.48.210 — Service Stations
This Section provides standards for the establishment and operation of new station operations
and for the modification or expansion of existing service stations.
A. Allowable uses and activities.
1. Allowed uses and activities. The following uses may be allowed as accessory
uses to a service station:
a. Convenience markets.
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b. Automobile washing.
d. Vehicle/equipment repair, limited.
C. Electronic equipment installation.
e. Vehicle rentals.
f. Food service.
2. Prohibited uses and activities. The following uses shall be prohibited:
a. The sale of merchandise from drive -up windows.
b. Walk-in refrigeration units.
C. Arcade and games machines.
B. Location of activities.
1. Indoor (within enclosed structure). Activities and operations shall be
conducted entirely within an enclosed structure, except for the following, which
shall be allowed unless otherwise specified by the Conditional Use Permit:
a. Sale and dispensing of motor vehicle fuel.
b. Incidental, minor maintenance commonly conducted at service islands
(e.g., dispensing of air and water; replacement of windshield wipers,
fuses, and lamps; replenishing motor vehicle fluids and lubricants; etc.).
C. Vending machines abutting a structure or in a kiosk enclosed on 3 sides.
d. Vacuuming, hand -drying, and hand -waxing of vehicles.
2. Outdoor storage and display. Outdoor storage and display of merchandise,
materials, or equipment shall be limited to the following:
a. Display racks for automotive merchandise no more than 4 feet wide
located at each service island.
b. Display racks for automotive merchandise located within 3 feet of the
principal structure, provided that the display racks are limited to 1 display
rack per frontage.
C. Temporary outdoor storage and display of merchandise, materials, or
equipment for a maximum period of 72 hours per quarter of a calendar
year. All other outdoor storage and display shall be in compliance with
Section 20.48.140 (Outdoor Storage, Display, and Activities).
C. Parking and vehicle storage.
Off-street parking shall be in compliance with Chapter 20.40 (Off -Street Parking).
Newport Beach Zoning Code, Title 20 October 2010
Standards for Specific Land Uses
BE;
2. Vehicles or equipment in the process of being serviced may be stored outside for
a maximum period of 7 days.
3. The parking of vehicles and equipment for purposes of sale shall be prohibited.
4. The storage of rental vehicles shall not occupy a parking space provided to meet
the parking requirements of the service station or any other accessory use.
5. Vehicles shall not be parked or stored within the public right-of-way.
6. Fuel delivery trucks shall not obstruct the public right-of-way during delivery.
D. Security. The review authority may require the applicant to provide security personnel, a
security program, and/or surveillance devices for the site.
E. Alcoholic beverage sales. See Section 20.48.030 (Alcohol Sales).
F. Food service. See Section 20.48.090 (Eating and Drinking Establishments).
G. Location. Service station sites shall front on rights-of-way designated as major, primary,
or secondary on the City Master Plan of Streets and Highways unless the sites are part
of or in conjunction with developments in residential areas (i.e., shopping centers).
H. Minimum land area. Each lot for a service station shall include 1,500 square feet of
land area for each fueling space, 1,000 square feet for each service bay or washing bay,
and 3.33 square feet for each square foot of gross floor area used for retail and/or food
and beverage sales.
Setbacks. The following setbacks shall be maintained:
October 2010 Newport Beach Zoning Code, Title 20
Required Setback Feet
Abutting
Interior
a Public
Abutting
Right -of-
an Alley
Structure
Way
Service islands
20
20
20
Canopies
5
5
5
Air and water
10
10
10
dispensers
Automobile washing,
maintenance and
18
30
30
repair
Retail and office
0
15
10
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J. Access.
Standards for Specific Land Uses
Driveways shall be designed and located to ensure safe and efficient movement
of traffic on and off the site to and from the lane of traffic nearest the curb.
Driveways shall be located and constructed in compliance with the City's
Driveway Approach Policy.
2. Driveways for service stations that are developed as part of or in conjunction with
adjacent uses shall be located as part of the total circulation element of the
adjacent uses.
3. On-site driveways shall be a minimum width of 25 feet for two-way traffic or 18
feet for one-way traffic.
4. On-site queuing lanes shall be provided. Queuing lanes shall not interfere with
access to required parking spaces.
K. Utilities. Utilities shall be installed underground within the exterior property lines of the
site.
L. Drainage and pollution control. Drainage shall be by underground structures to avoid
drainage across sidewalks or drive aprons. In addition, service stations shall incorporate
pollution control best management practices (BMPs) designed to prevent or minimize
runoff of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants
into the stormwater system. The Public Works Director shall approve drainage and
pollution control methods, if appropriate.
M. Site and architectural design. The site plan and architecture of the service station shall
provide an attractive appearance that is compatible with and complimentary to the
community and surrounding land uses and development and that is consistent with the
City of Newport Beach Design Guidelines: Automobile Service Stations and Washing.
N. Landscaping.
1. Area required. A minimum of 15 percent of the service station site shall be
landscaped with plant materials designed to provide beautification and screening.
Planting areas shall include the following:
a. A minimum 5 foot wide (inside dimension) planting area between
driveway approaches.
b. A minimum 150 square foot landscaped area at the intersection of 2 lot
lines at a street corner. Landscape materials shall not exceed a height of
36 inches.
C. A minimum 5 foot wide (inside dimension) planting area along the
perimeter property lines, except where openings are needed to facilitate
vehicular circulation to adjacent properties.
d. A minimum of 30 percent of the required landscaping shall be provided
within 20 feet of the public right-of-way lines.
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20.48
2. Quantity of materials. Landscaped areas adjacent to public rights-of-way shall
be planted with a minimum of 1 tree and 3 shrubs per every 25 linear feet of
street frontage. Landscaped areas adjacent to interior lot lines shall be planted
with a minimum of 1 tree and 3 shrubs per every 30 linear feet. These
calculations establish the minimum number of required trees and shrubs and are
not meant to imply linear or equal spacing. Required trees shall be 24 -inch box
size, or larger. Required shrubs shall have a minimum mature growth height of
18 inches and shall be a minimum of 5 -gallon in size upon installation.
3. Quality of materials. Plant materials shall be chosen for their screening
qualities, beauty and durability. Plantings shall include a mixture of trees, shrubs
and groundcovers. All plant materials shall conform to or exceed the plant
quality standards of the latest edition of American Standard for Nursery Stock
published by the American Association of Nurserymen, or the equivalent.
4. Street trees. City parkway areas shall be provided with groundcover and street
trees in compliance with City standards.
5. Barriers. Planting areas adjacent to vehicular activity shall be protected by a
continuous concrete curb or similar permanent barrier.
6. Irrigation. Planting areas shall be provided with a permanent underground
automatic sprinkler irrigation system of a design suitable for the type and
arrangement of the plant materials selected.
7. Maintenance of landscaping.
a. Landscape materials and landscaped areas shall be maintained in
compliance with the approved landscape plan.
Landscaped areas shall be maintained in a healthy and growing condition
and shall receive regular pruning, fertilizing, mowing and trimming.
C. Landscaped areas shall be kept free of weeds and debris.
d. Irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
8. Sight distances. Landscaping shall be located so as not to impede vehicular
sight distance in compliance with Section 20.30.130 (Traffic Safety Visibility
Area) and to the satisfaction of the Public Works Director.
9. Required plans. The Director shall approve landscape planting and sprinkler
irrigation plans and specifications before the issuance of a building permit, if
appropriate.
O. Perimeter walls. Service station sites shall be separated from abutting residentially
zoned property or property used for residential purposes by 6 foot high masonry or
concrete wall utilizing materials similar in color, module and texture to those utilized in
the service station structure. The walls shall be reduced to 3 feet in height within setback
areas adjacent to public rights-of-way. The walls need not be installed when building
walls or other acceptable walls already exist on the lot lines.
October 2010 Newport Beach Zoning Code, Title 20
Standards for Specific Land Uses
P. Lighting. Exterior light sources shall be shielded from view and directed away from
adjacent properties in compliance with Section 20.30.070 (Outdoor Lighting). Luminaries
shall be of a low-level, indirect diffused type and shall not exceed a height of 20 feet
above existing grade.
Q. Rest rooms. One men's rest room and one women's rest room shall be provided during
business hours for use by service station customers. Rest rooms with exterior entrances
shall be located so the entrances are in clear view of the station's service area, cashier
station, or office.
R. Refuse storage areas. Refuse storage areas shall be enclosed by walls and integrated
with the design of the service station in compliance with Section 20.30.120 (Solid Waste
Recycling and Storage).
S. Fuel tank vents. Fuel tank vents shall be located at the rear of the property or other
inconspicuous location and shall be screened from public view
T. Permit and review procedures.
1. Conditional Use Permit required. A Conditional Use Permit shall be required
for a new service station and for an existing service station when one or more of
the following events occurs:
a. An expansion of 50 percent or more within a 10 year period.
b. Any change in the land area on which the service station is located,
whether by purchase, lease, business combination or acquisition, or
similar method.
C. A renovation or any other development that would cost more than 50
percent of the value of the improvements on the lot at the time of
renovation, excluding land value.
d. The introduction of any of the accessory uses allowed under Subsection
A (Allowable uses and activities); the introduction of alcoholic beverage
sales (see Section 20.48.030 (Alcohol Sales — Off Sale); or any similar
change in operational characteristics.
2. Modification or waiver of standards. The review authority may modify or waive
any of the design and development standards in this Section upon finding that:
a. The strict compliance with the standards is not necessary to achieve the
purpose and intent of this Section.
b. The project possesses compensating design and development features
that offset impacts associated with the modification or waiver of
standards.
C. The overall site plan and architectural design is consistent with the City of
Newport Beach Design Guidelines: Automobile Service Stations and
Washing.
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Standards for Specific Land Uses
20.48
3. Distribution of permit copy. The applicant shall provide the fuel supplier, the
property owner, and/or the lessee each with a copy of the Conditional Use Permit
and shall obtain a written receipt from each to ensure that every person operating
the premises is aware of the conditions of operation.
20.48.220 — Time Share Facilities
This Section provides regulations for time share developments.
A. Development standards.
1. Property development standards. A time-share project shall comply with the
standards for the zoning district in which it is located.
2. Conversion of existing dwelling units prohibited. The conversion of existing
residential dwelling units into time-share units shall be prohibited.
3. Minimum number of units. Each time-share project shall have a minimum of
100 time-share units. Time-share projects consisting of less than 100 units, but
developed or converted in conjunction with a resort hotel complex of 300 or more
units shall be considered to be in compliance with this requirement.
B. Required amenities. Time-share projects shall be developed with substantial
recreational amenities (e.g., golf courses, tennis courts, swimming pools, etc.).
C. Permit and review requirements.
1. Plan submittals. In addition to the application requirements in Section 20.52.020
(Conditional Use Permit and Minor Use Permits), an application for a time share
project shall include the following documents:
a. A Sales Plan shall address the times, areas and methods that will be
used to sell the time share project. Factors to be defined in the plan shall
include the location, length, and marketing methods that will be used,
distinguishing on site and off site marketing and signage; and an estimate
of the potential numbers of individuals and automobiles expected during
various stages of the sales effort. The plan also shall describe measures
that will be implemented to reduce traffic during peak hours.
An Operating Plan shall address the terms of the timeshare resort
ownership interests, the types of private unit and common amenities, and
the general financing, maintenance, and management arrangements of
the resort that benefit the unit owners.
C. A Management Plan shall describe the methods employed by the
applicant to guarantee the future adequacy, stability, and continuity of a
satisfactory level of management and maintenance of a time share
project.
d. A Contingency Plan shall address the actions to be taken by the applicant
if the time share project is an economic failure or fails to sell 50 percent of
the time share estates or uses within 2 years of receiving a permit to
occupy the first unit.
October 2010 Newport Beach Zoning Code, Title 20
N=
Standards for Specific Land Uses
2. Development Agreement. The City and the time-share project operator shall
enter into a development agreement in compliance with Municipal Code Chapter
15.45 (Development Agreements).
3. Modification or waiver. The review authority may modify or waive any of the
standards contained in this Section if strict compliance with the standards is
determined to be unnecessary to achieve the purpose and intent of this Section.
Newport Beach Zoning Code, Title 20 October 2010
Part 5
Planning Permit Procedures
Table of Contents
Chapter 20.50 — Permit Application Filing and Processing.................................................5-3
20.50.010
— Purpose..............................................................................................................5-3
20.50.020
— Authority for Land Use and Zoning Decisions....................................................5-3
20.50.030
— Multiple Permit Applications...............................................................................5-3
20.50.040
— Application Preparation and Filing.....................................................................5-5
20.50.050
— Application Fees................................................................................................5-5
20.50.060
— Initial Application Review...................................................................................5-6
20.50.070
— Project Evaluation and Staff Reports.................................................................5-7
20.50.080
— Environmental Review.......................................................................................5-7
Chapter 20.52
— Permit Review Procedures..........................................................................5-9
20.52.010
— Purpose..............................................................................................................5-9
20.52.020
— Conditional Use Permits and Minor Use Permits...............................................5-9
20.52.030
— Conditional Use Permits in Residential Zoning Districts..................................5-11
20.52.040
— Limited Term Permits.......................................................................................5-16
20.52.050
— Modification Permits.........................................................................................5-21
20.52.060
— Planned Development Permits.........................................................................5-24
20.52.070
— Reasonable Accommodations.........................................................................5-26
20.52.080
— Site Development Reviews..............................................................................5-31
20.52.090
— Variances.........................................................................................................5-35
20.52.100
—Zoning Clearances...........................................................................................5-37
Chapter 20.54
— Permit Implementation, Time Limits, and Extensions............................5-39
20.54.010
— Purpose............................................................................................................5-39
20.54.020
— Use of Property................................................................................................
5-39
20.54.030
— Effective Date of Permits..................................................................................5-39
20.54.040
— Applications Deemed Approved.......................................................................5-39
20.54.050
— Performance Guarantees.................................................................................5-40
20.54.060
— Time Limits and Extensions.............................................................................5-40
20.54.070
— Changes to an Approved Project.....................................................................5-42
20.54.080
— Resubmittals....................................................................................................5-43
20.54.090
— Covenants........................................................................................................
5-43
Chapter 20.56
— Planned Community District Procedures.................................................5-45
20.56.010
— Purpose............................................................................................................5-45
20.56.020
— Area Requirements..........................................................................................5-45
20.56.030
— PC District - Land Use Regulations..................................................................5-46
20.56.040
— PC District - Property Development Regulations.............................................5-46
20.56.050
— Application Procedures....................................................................................5-46
20.56.060
— Zoning Map Designator....................................................................................5-49
Chapter 20.58 — Specific Plan Procedures..........................................................................5-51
October 2010 Newport Beach Zoning Code, Title 20
Part 5 — Planning Permit Procedures
20.58.010 — Purpose............................................................................................................5-51
20.58.020 — Intent................................................................................................................5-51
20.58.030 — Applicability......................................................................................................5-51
20.58.040 — Initiation and Presubmittal of Specific Plans....................................................5-52
20.58.050 — Application Filing and Initial Review.................................................................5-52
20.58.060 — Preparation and Content..................................................................................5-53
20.58.070 — Application Processing.....................................................................................5-53
20.58.080 — Adoption of Specific Plan.................................................................................5-54
20.58.090 — Amendments....................................................................................................5-54
Tables
Table 5-1 Review Authority...............................................................................................5-4
Table 5-2 Review Authority for Site Development Reviews.............................................5-33
Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.50 — Permit Application Filing and Processing
Section:
20.50.010
— Purpose
20.50.020
— Authority for Land Use and Zoning Decisions
20.50.030
— Multiple Permit Applications
20.50.040
— Application Preparation and Filing
20.50.050
— Application Fees
20.50.060
— Initial Application Review
20.50.070
— Project Evaluation and Staff Reports
20.50.080
— Environmental Review
20.50.010 — Purpose
This Chapter provides procedures and requirements for the preparation, filing, and processing
of permit applications required by this Zoning Code.
20.50.020 — Authority for Land Use and Zoning Decisions
Table 5-1 (Review Authority), below, identifies the review authority responsible for reviewing
and making decisions on each type of application required by this Zoning Code.
20.50.030 — Multiple Permit Applications
A. Concurrent filing. Any applicant for a project requiring more than one permit
application (e.g., Conditional Use Permit, Site Development Review, Tentative Map,
etc.), shall file all related applications concurrently, with all appropriate application fees
required by Section 20.50.050 (Application Fees).
B. Concurrent processing. Multiple applications for the same project shall be processed
concurrently, and shall be reviewed, and approved, modified, or denied by the highest
review authority designated by this Zoning Code for any of the applications.
October 2010 Newport Beach Zoning Code, Title 20
20.50
Permit Application Filing and Processing
TABLE 5-1
REVIEW AUTHORITY
Applicable Role of Review Authority (1)
Type of Action Code Director Zoning Hearing Commission Council
Chapter/ Administrator Officer (2)
Section
Administrative and Legislative
Interpretations
20.12.020
Determination
(3)
Decision (3)
Appeal
Appeal
Planned Communities
20.56
Recommend
Decision
Specific Plans
20.58
Decision (4)
Recommend
Decision
Zoning Code Amendments
20.66
Recommend
Decision
Zoning Map Amendments
20.66
Recommend
Decision
Permits and Approvals
Comprehensive Sign
Program
Decision (3)
Appeal
Conditional Use Permits
20.52.020
Decision
Appeal
Conditional Use Permits —
Residential Zones HO
20.52.030
Decision (4)
Appeal (4)
Heritage Sign
Decision
Appeal
Innovative Sign Program
Decision
Appeal
Limited Term Permits
20.52.040
Decision (3)
Appeal
Appeal
Minor Use Permits
20.52.020
Decision (3)
Appeal
Appeal
Modification Permits
20.52.050
Decision (3)
Appeal
Appeal
Planned Development
Permits
20.52.060
Decision
Appeal
Reasonable
Accommodations
20.52.070
Decision (4)
Appeal
Appeal (4)
Sign Permits
20.42
Determination
(3)
Appeal
Site Development Reviews
(See Table 5-2 [Review
Authority for Site Development
Reviews].)
20.52.080
Decision (3)
Decision
Appeal
Variances
20.52.090
Decision
Appeal
Zoning Clearances
20.52.100
Determination
(3)
Appeal
Appeal
Notes:
(1) "Recommend" means that the Commission makes a recommendation to the Council; "Determination" and
"Decision" means that the review authority makes the final determination or decision on the matter; "Appeal'
means that the review authority may consider and decide upon appeals to the decision of a previous
decision making body, in compliance with Chapter 20.64 (Appeals).
(2) The Council is the final review authority for all applications in the City.
(3) The Director or Zoning Administrator may defer action and refer the request to the Commission for
consideration and final action.
(4) The standard of review for appeal of any Hearing Officer decision shall be substantial evidence and not de
novo.
Newport Beach Zoning Code, Title 20 October 2010
Permit Application Filing and Processing
20.50.040 — Application Preparation and Filing
A. Pre -application conference.
20.50
Any applicant is strongly encouraged to request a pre -application conference
with the Department before completing and filing a permit application.
2. The purpose of this pre -application conference is to:
a. Inform the applicant of City requirements as they apply to the proposed
project;
b. Review the City's review process, possible project alternatives or
revisions; and
C. Identify information and materials the City will require with the application,
and any necessary technical studies and information relating to the
environmental review of the project.
3. Neither the pre -application review nor the provision of information and/or
pertinent policies shall be construed as either a recommendation for approval or
denial of the permit application by any City staff. Failure by City staff to identify
any required studies or any applicable requirements shall not constitute a waiver
of those studies or requirements.
B. Application contents. Each permit application required by this Zoning Code shall be
filed with the Department on the appropriate City application form, together with all
required fees and/or deposits and all other information and materials specified by the
Director for the specific type of application.
C. Eligibility for filing. An application may only be filed by the owner of the subject
property or authorized agent of the owner with the written consent of the property owner.
The application shall be signed by the owner of record or by an authorized agent, if
written authorization from the owner of record is filed concurrently with the application.
D. Rejection of application. If the Director determines that an application cannot lawfully
be approved by the City, the Director shall not accept the application for processing.
20.50.050 — Application Fees
A. Fee schedule. The Council shall establish a schedule of fees for the processing of the
applications required by this Zoning Code, hereafter referred to as the City's Fee
Schedule adopted by resolution.
B. Timing of payment. Applications shall not be deemed complete, and processing shall
not commence on any application until all required fees or deposits have been paid.
Failure to timely pay supplemental requests for payment of required fees and/or deposits
shall be a basis for suspension of processing or issuance of any permit.
C. Refunds and withdrawals. Application fees cover City costs for public hearings,
mailings, staff time and the other activities involved in processing applications. No
refund for an application that is denied shall be allowed. In the case of a withdrawal by
October 2010 Newport Beach Zoning Code, Title 20
20.50
Permit Application Filing and Processing
the applicant, the Director shall have the discretion to authorize a partial refund based
upon the pro -rated costs to date and the status of the application at the time of
withdrawal.
20.50.060 — Initial Application Review
A. Review for completeness. The Director shall review each application for completeness
and accuracy before it is accepted as being complete. The determination of
completeness shall be based on the City's applicable list of required application contents
and any additional written instructions provided to the applicant in any pre -application
conference, and/or during the initial application review period.
1. Notification of applicant or authorized agent. Within 30 calendar days of
application filing, the applicant or authorized agent shall be informed in writing,
either that the application is complete and has been accepted for processing, or
that the application is incomplete and that additional specified information shall
be provided before the application is deemed complete.
2. Appeal of determination. Where the Director has determined that an
application is incomplete, and the applicant believes that the application is
complete and/or that any additional information requested by the Director is not
required, the applicant may appeal the determination to the appropriate review
authority in compliance with Chapter 20.64 (Appeals).
3. Additional information.
a. When the Director determines that an application is incomplete, the time
used by the applicant to submit the required additional information shall
not be considered part of the time within which the determination of
completeness shall occur.
b. The time available to an applicant for submittal of additional information is
limited by Subparagraph A. 4, below.
C. The additional specified information shall be submitted in writing.
d. The Director's review of any information resubmitted by the applicant
shall be accomplished in compliance with Subparagraph A. 1, above,
along with another 30 -day period of review for completeness.
4. Expiration of application.
a. If an applicant fails to provide any additional information requested by the
Director within 60 days following the date the application was deemed
incomplete, the application shall be deemed withdrawn without any
further action by the City.
b. After the expiration of an application, future City consideration shall
require the submittal of a new, complete application and associated filing
fees.
Newport Beach Zoning Code, Title 20 October 2010
Permit Application Filing and Processing
5. Submittal of additional information.
20.50
a. During the course of the review process, the review authority may require
the applicant to submit additional information or revised plans.
The Director shall notify the applicant in writing of any revisions or
additional information required and the applicant shall submit the
requested information to the Department within 30 days after the date of
the notice or within the period of time designated by the review authority.
C. Failure to submit the required information within the 30 -day period or
within the period of time designated by the review authority may be cause
for denial.
6. Additional environmental information. After an application has been accepted
as complete, the Director may require the applicant to submit additional
information needed for the environmental review of the project in compliance with
the California Environmental Quality Act (CEQA), the City's CEQA guidelines,
and Section 20.50.080 (Environmental Review), below.
B. Referral of application. At the discretion of the Director, or where otherwise required
by this Zoning Code or State or Federal law, an application may be referred to any public
agency that may be affected by or have an interest in the proposed project for their
review and comment.
20.50.070 — Project Evaluation and Staff Reports
A. Director evaluation. The Director shall review all applications to determine whether
they comply and are consistent with the provisions of this Zoning Code, the General
Plan, and other applicable provisions identified in Section 20.10.040 (Applicability of
Zoning Code).
B. Staff report. The Department shall provide a written recommendation for discretionary
applications to the applicable review authority recommending that the application be
approved, conditionally approved, or denied.
C. Staff report to include findings. Whenever this Zoning Code requires a set of findings
to be made before granting approval of an application by the applicable review authority,
it shall be the responsibility of the Department to present all relevant facts to support the
findings.
D. Report distribution. Each staff report shall be furnished to the applicant at the same
time as it is provided to the review authority before the review authority's action on the
application.
20.50.080 — Environmental Review
A. CEQA review. After acceptance of a complete application, the project shall be reviewed
in compliance with the California Environmental Quality Act (CEQA) to determine
whether:
The project is not a project as defined by CEQA;
October 2010 Newport Beach Zoning Code, Title 20
20.50
Permit Application Filing and Processing
2. The project is exempt from the requirements of CEQA;
3. A Negative Declaration may be issued;
4. A Mitigated Negative Declaration may be issued; or
5. An Environmental Impact Report (EIR) shall be required.
B. Compliance with CEQA. These determinations and, where required, the preparation of
appropriate environmental documents, shall be in compliance with CEQA and applicable
Council policies.
Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.52 — Permit Review Procedures
Sections:
20.52.010
— Purpose
20.52.020
— Conditional Use Permits and Minor Use Permits
20.52.030
— Conditional Use Permits in Residential Zoning Districts
20.52.040
— Limited Term Permits
20.52.050
— Modification Permits
20.52.060
— Planned Development Permits
20.52.070
— Reasonable Accommodations
20.52.080
— Site Development Reviews
20.52.090
— Variances
20.52.100
—Zoning Clearances
20.52.010 — Purpose
A. Permit review procedures. This Chapter provides procedures for the review and
approval or denial of permit(s) and other applications established by this Zoning Code.
B. Subdivision review procedures. Procedures and standards for the review and
approval of subdivision maps are found in Title 19 (Subdivisions).
C. Application filing and initial processing. Where applicable, the procedures of this
Chapter are carried out after those described in Chapter 20.50 (Permit Application Filing
and Processing) for each application.
20.52.020 — Conditional Use Permits and Minor Use Permits
A. Purpose. A Conditional Use Permit or Minor Use Permit provides a process for
reviewing uses and associated operational characteristics that may be appropriate in the
applicable zoning district, but whose effects on a site and surroundings cannot be
determined before being proposed for a specific site.
B. Applicability. A Conditional Use Permit or a Minor Use Permit is required to allow
certain uses in residential and nonresidential zoning districts identified by Part 2 (Zoning
Districts, Allowable Land Uses, and Zoning District Standards). Also see Section
20.52.030 for Conditional Use Permits in residential zoning districts.
C. Review authority and related procedures.
Conditional Use Permits. Conditional Use Permits shall be approved,
conditionally approved, or denied by the Commission or by the Hearing Officer as
provided in Table 5-1.
October 2010 Newport Beach Zoning Code, Title 20
20.52
Permit Review Procedures
2. Minor Use Permits. Minor Use Permits shall be approved, conditionally
approved, or denied by the Zoning Administrator. The Zoning Administrator may
elect to refer any Minor Use Permit application to the Commission for
consideration and final action.
D. Application filing, processing, and review. An application for a Conditional Use
Permit, or Minor Use Permit shall be filed and processed in compliance with Chapter
20.50 (Permit Application Filing and Processing). The application shall include all of the
information and materials specified by the Director, together with the required fee in
compliance with the City's Fee Schedule adopted by resolution.. It is the responsibility of
the applicant to provide evidence in support of the findings required by Subsection F.
(Findings and decision), below.
E. Project review and notice and hearing requirements. Each application shall be
reviewed by the Director to ensure that the proposal complies with all applicable
requirements of this Zoning Code.
Conditional Use Permits. The Commission or Hearing Officer shall conduct a
public hearing on an application for a Conditional Use Permit before a decision
on the application.
2. Minor Use Permits. The Zoning Administrator shall conduct a public hearing on
an application for a Minor Use Permit before a decision on the application.
3. Notice and hearing requirements. Notice of the hearing shall be provided, and
the hearing shall be conducted, in compliance with Chapter 20.62 (Public
Hearings).
F. Findings and decision. The review authority may approve or conditionally approve a
Conditional Use Permit or Minor Use Permit only after first finding all of the following:
1. The use is consistent with the General Plan and any applicable specific plan;
2. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the use are
compatible with the allowed uses in the vicinity;
4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
G. Post decision procedures. The procedures and requirements in Chapter 20.54
(Permit Implementation, Time Limits, and Extensions), and those related to appeals and
revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a
Conditional Use Permit or Minor Use Permit application.
1 Newport Beach Zoning Code, Title 20 October 2010
Permit Review Procedures
20.52.030 — Conditional Use Permits in Residential Zoning Districts
A. Purpose. The purpose of this Section is as follows:
20.52
To promote the public health, safety, and welfare and to implement the goals and
policies of the General Plan by ensuring that conditional uses in residential
neighborhoods do not change the character of the neighborhoods as primarily
residential communities.
2. To protect and implement the recovery and residential integration of the disabled,
including those receiving treatment and counseling in connection with
dependency recovery. In doing so, the City seeks to avoid the overconcentration
of residential care facilities so that these facilities are reasonably dispersed
throughout the community and are not congregated or overconcentrated in any
particular area so as to institutionalize that area.
B. Applicability. A Conditional Use Permit is required to authorize uses identified by Part
2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) as being
allowable in the applicable residential zoning district or in an area where residential uses
are provided for in Planned Community Districts or specific plan districts subject to the
approval of a Conditional Use Permit.
C. Conditional Use Permits to continue a nonconforming use.
Any person whose use of property in a residential zoning district has been
rendered nonconforming may seek the issuance of a Conditional Use Permit, in
compliance with this Section, to continue the use so long as the application for
that permit is completed and filed within 90 days following May 21, 2008.
2. If any person fails to file an application for a Conditional Use Permit within the 90 -
day period, the permit to continue the use may not be sought or issued.
D. Application contents. In addition to the application requirements contained in Chapter
20.50 (Permit Application Filing and Processing), an application for a Conditional Use
Permit for a site located in a residential zone, or in an area where residential uses are
provided for in Planned Community Districts, or specific plan districts, shall contain all of
the following information as applicable:
Applicant information. The name and address of the applicant, including the
name and address of the lessee, if the property is to be leased and is someone
other than the applicant; and the name and address of the owner of the property
for which a Conditional Use Permit is requested. If the applicant and/or lessee or
owner is an association, corporation, firm, or partnership, then the applicant/
lessee shall provide the additional names and addresses as follows and the
persons shall also sign the application:
a. Every general partner of the partnership;
b. Every owner with a controlling interest in the corporation; or
October 2010 Newport Beach Zoning Code, Title 20
20.52
Permit Review Procedures
C. The person designated by the officers of a corporation as identified in a
resolution of the corporation that is to be designated as the permit holder
for the Conditional Use Permit.
2. Characteristics of proposed use. Type of use, hours of operation, types of
services provided onsite, types of activities held on site, and typical attendance at
activities held onsite.
3. Anticipated users. Number and types of users anticipated for the proposed use
(including clients, staff, guests, visitors, etc., as appropriate).
4. List of similar uses operated by applicant in the State of California. A list of
addresses of all operations within the State of California similar to that for which
a Conditional Use Permit or Minor Use Permit is requested that have been
owned or operated by the applicant(s) within the past five years including a
statement from the applicant as to whether any of the uses have been found to
be operated in violation of federal, State, or local law by federal, State or local
authorities.
5. List of similar uses within City. A list of other uses of the same type located
in the City and the authorized capacity of the use. The applicant shall provide
evidence of the need for the proposed use by the residents of the City. The City
may complete an independent review of this data, at the applicant's expense, to
determine whether need for the use is supported by the evidence.
6. License and permit history. The license and permit history of the applicant(s),
if any, including whether the applicant(s), in previously operating a similar use in
this or another City, county, or state under license and/or permit has had the
license and/or permit revoked or suspended, and the reason(s) for the revocation
or suspension.
7. Location map. A location map showing all conditional uses located within three
blocks of the subject site, including property addresses and a site plan showing
uses and structures on adjacent parcels.
8. Operations and management plan. An operations and management plan to
ensure compliance with State and local law. If the Conditional Use Permit is for a
residential facility or a commercial use that accommodates overnight stays, the
operations and management plan shall also indicate the number of persons in
each bedroom, maximum number of occupants, typical length of stay, any guest
or client rules of conduct, and procedures for the disposal, if any, of medical
waste.
9. Transportation and parking. Number and location of onsite parking spaces;
expected parking demand and vehicular use; availability of public transportation
or other means to transport clients, staff, guests, and/or visitors to and from the
use; and routes utilized to transport clients, staff, guests, and/or visitors to and
from the use.
Newport Beach Zoning Code, Title 20 October 2010
Permit Review Procedures 20.52
E. Project review and notice and hearing requirements. Each application shall be
reviewed by the Director to ensure that the proposal complies with all applicable
requirements of this Zoning Code.
Public hearing required. A public hearing shall be conducted prior to any
decision on an application for a Conditional Use Permit.
2. Notice and hearing requirements. Notice of the public hearing shall be
provided, and the hearing shall be conducted, in compliance with Chapter 20.62
(Public Hearings).
F. Approval, modification, or revocation of Conditional Use Permit.
The review authority identified in Table 5-1 (Section 20.50.020) is designated to
approve, conditionally approve, or deny applications for Conditional Use Permits
in residential zoning districts and the modification or revocation thereof, in
compliance with the procedures provided in this Section.
2. Decisions of the review authority may be appealed to the Council in compliance
with Chapter 20.64 (Appeals). Review for an appeal from a decision of the
Commission shall be de novo. On an appeal from a decision of the Hearing
Officer the Council shall determine whether the findings made by the Hearing
Officer are supported by substantial evidence presented during the evidentiary
hearing. On review the Council may sustain, reverse, or modify the decision of
the Commission or Hearing Officer or remand the matter for further
consideration, which remand shall include either specific issues to be considered
or a direction for a de novo hearing.
G. Development and operational standards. The following standards are applicable to
uses granted a Conditional Use Permit in compliance with this Section.
Management and operation plan. The use shall be operated in compliance with
applicable State and local law and in compliance with the management and
operating plan and rules of conduct submitted as part of the application for a
Conditional Use Permit or as identified in the conditions of approval for a
Conditional Use Permit. Each plan shall provide a phone number by which the
operator may be contacted at all times. If applicable, the permittee shall comply
with the Business License provisions of Municipal Code Title 5.
2. Operational standards. These standards are in addition to any other standards
provided for specific uses in this Zoning Code. In order to ensure that conditional
uses in residential zoning districts are operating in a manner that is consistent
with federal, State, and local law and established industry standards and to
ensure that operators do not have a pattern or practice of operating similar uses
in violation of federal, State, or local law, all of the standards listed below shall
apply:
a. If the facility is not licensed by the State, managers, operators, owners,
clients, visitors, and residents shall not provide any services onsite that
would require licensure of the facility in compliance with State law.
October 2010 Newport Beach Zoning Code, Title 20
20.52
Permit Review Procedures
b. For uses that allow overnight stays, there shall be no more than two
residents, guests, or clients in each bedroom plus one additional resident,
guest, or client. The review authority, at his/her discretion, may approve
additional occupancy upon request by the applicant and based upon
evidence that additional occupancy is warranted and appropriate. In
determining whether to allow a different occupancy limit, the review
authority shall consider the characteristics of the structure, whether there
will be an impact on traffic and parking, and whether the public comfort,
health, peace, safety, or welfare of persons residing in the facility or
adjacent to the facility will be impacted.
C. The names of all persons and entities with an ownership or leasehold
interest in the use, or who will participate in operation of the use, shall be
disclosed in writing to the City, and these persons and entities shall not
have a demonstrated pattern or practice of operating similar facilities in or
out of the City of Newport Beach in violation of federal, State, or local law.
d. The operator of the proposed use shall provide a list of the names and
addresses of all similar uses located in the State of California owned or
operated by the operator within the past five years and shall certify under
penalty of perjury that none of these uses have been found by State or
local authorities to be operating in violation of federal, State, or local law.
The Director shall verify this information.
3. Smoking. Clients, guests, visitors, staff, or any other users of the use shall not
smoke in an area from which the second hand smoke may be detected on any
parcel other than the parcel upon which the use is located.
H. Findings and decision. In addition to the findings required by Subsection 20.52.020 F
(Findings and decision), prior to approving or conditionally approving an application for a
Conditional Use Permit in a residential zone or in an area where residential uses are
provided for in Planned Community Districts or specific plan districts the review authority
shall find:
The use conforms to all applicable provisions of Subsection G. (Development
and operational standards), above;
2. The project complies with the requirements for off-street parking as provided in
Chapter 20.40 (Off -Street Parking) and traffic and transportation impacts have
been mitigated to a level of insignificance;
3. The property and existing structures are physically suited to accommodate the
use;
4. The use will be compatible with the character of the surrounding neighborhood,
and the addition or continued maintenance of the use will not contribute to
changing the residential character of the neighborhood (e.g., creating an
overconcentration of residential care or bed and breakfast uses in the vicinity of
the proposed use). In making this finding or sustaining the finding, the Hearing
Officer and/or Council shall consider, as appropriate, all of the following factors:
Newport Beach Zoning Code, Title 20 October 2010
Permit Review Procedures
20.52
a. The proximity of the use location to parks, schools, other conditionally
permitted uses of the same or similar type, outlets for alcoholic
beverages, and any other uses that could be affected by or affect the
operation of the subject use;
b. The existence of substandard physical characteristics of the area in which
the use is located (e.g., limited available parking, lot widths, narrow
streets, setbacks, short blocks), and other substandard characteristics
that are pervasive in certain areas of the City of Newport Beach, including
portions of Balboa Island, Balboa Peninsula, Corona Del Mar, Lido Isle,
Newport Heights, and West Newport, which portions were depicted on a
map referred to as the Nonstandard Subdivision Area presented to the
Commission on September 20, 2007 and on file with the Director; and
C. In the case of residential care uses, whether, in light of the factors applied
in Subparagraphs H. 4. a. and H. 4. b., above, it would be appropriate to
apply the American Planning Association standard of allowing only one or
two residential care uses in each block.
(1) Median block lengths in different areas of Newport Beach widely
range from 300 feet in the Nonstandard Subdivision Areas to as
much as 1,422 feet in standard subdivision areas.
(2) The average calculable block length in much of the standard
subdivision areas is 711 feet and the calculable median block
length is 617 feet.
(3) The review authority shall apply the American Planning
Association standard in all areas of Newport Beach in a manner
that eliminates the differences in block lengths.
(4) In making this determination, the review authority shall be guided
by average or median block lengths in standard subdivisions of
the City.
(5) The review authority shall retain the discretion to apply any degree
of separation of uses that the Hearing Officer deems appropriate
in any given case.
(6) A copy of the American Planning Association standard is on file
with the Director.
5. The operation of buses, vans, and other vehicles used to transport residents,
clients, visitors, guests, and/or staff to and from off-site activities or parking areas
does not generate vehicular traffic substantially greater than that normally
generated by residential activities in the surrounding area;
6. Arrangements for delivery of goods are made within the hours that are
compatible with and will not adversely affect the peace and quiet of neighboring
properties; and
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7. Arrangements for commercial trash collection in excess of usual residential
collection are made within hours that are compatible with and will not adversely
affect the peace and quiet of neighboring properties.
Post decision procedures. The procedures and requirements in Chapter 20.54
(Permit Implementation, Time Limits, and Extensions), and those related to appeals and
revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a
Conditional Use Permit application.
20.52.040 — Limited Term Permits
A. Purpose. The purpose of this Section is to consider applicant requests for uses of
limited duration (e.g., interim, non -permanent, and/or seasonal in nature) that would be
compatible with adjacent and surrounding uses when conducted in compliance with this
Section.
B. Applicability.
Limited duration uses. A Limited Term Permit allows limited duration uses that
might not meet the development or use standards of the applicable zoning
district, but may otherwise be acceptable because of their temporary or limited
nature.
2. Limited Term Permit required. Limited duration uses shall not be conducted,
established, or operated in any manner without the approval and maintenance of
a valid Limited Term Permit in compliance with this Section.
C. Exempt limited duration uses. The following limited duration uses are exempt from
the requirement for a Limited Term Permit. Uses that do not fall within the categories
defined below shall comply with Subsection D. (Allowed limited duration uses), below.
Construction yards - on-site.
a. On-site contractors' construction yard(s), including temporary storage and
office trailers, in conjunction with an approved construction project on the
same lot.
b. One adult caretaker may be present during non -construction hours for
security purposes.
C. The construction yard shall be removed immediately upon completion of
the construction project, or the expiration of the Building Permit.
2. Emergency facilities. Emergency public health and safety needs/land use
activities, as determined by the Council or authorized by Municipal Code Title 5.
3. Personal property (e.g., garage and/or yard) sales on private property.
Personal property sales conducted on private property when conducted in
compliance with Section 20.48.150 (Personal Property Sales in Residential
Districts).
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4. Special events. Special events, as that term may be defined in Municipal Code
Section 11.03.020 (General Provisions), but only upon the issuance of a Special
Event Permit.
D. Allowed limited duration uses. The following limited duration uses are allowed,
subject to the issuance of a Limited Term Permit, and only when conducted in
compliance with Subsection H. (Conditions of approval), below.
Contractors' construction yards - off-site. Off-site contractors' construction
yard(s), in conjunction with an approved construction project. The permit may be
effective for up to 12 months, or the expiration of the Building Permit.
2. Off-site parking for marine activities. Off-site parking for uses requiring a
Marine Activities Permit in compliance with Municipal Code Chapter 17.10 for the
duration of the permit or for not more than 12 months, whichever is less.
3. Seasonal sales. Seasonal sales including holiday boutiques, Halloween
pumpkin sales and Christmas tree sale lots only by businesses holding a valid
Business License; provided, the activity may only be held from October 1st
through October 31st, of the same year for the Halloween pumpkin sales, and
from the day after Thanksgiving through December 26t" for Christmas tree sales.
4. Limited duration sales and/or work trailers. A trailer or mobile home may be
used for limited duration sales activities (e.g., model home sales, etc.) or as a
limited duration work site for employees of a business.
a. A trailer or mobile home may be used:
(1) During construction or remodeling of a permanent commercial,
industrial, and mixed-use structure, when a valid Building Permit is
in force; or
(2) Upon demonstration by the applicant that the limited duration work
site is a necessity, while a permanent work site is being obtained.
b. A permit for limited duration trailer(s) may be granted for up to 12 months
and may be extended for a longer period in conjunction with a valid
Building Permit.
5. Limited duration structures. A limited duration classroom, office, or similar
portable structure, including a manufactured or mobile unit, may be approved, for
a maximum time period of 12 months in the commercial, industrial, and mixed-
use zoning districts.
6. Limited duration use of a vacant lot. The limited duration use of a vacant lot
with non -permanent structural improvements, for a use typically allowed subject
to the approval of a Conditional Use Permit or Minor Use Permit, may be
approved for a maximum time period of 12 months in the commercial, industrial,
and mixed-use zoning districts.
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7. Other similar limited duration uses. Similar limited duration uses that, in the
opinion of the Director, are compatible with the subject zoning district and
surrounding uses.
E. Application filing, processing, and review.
1. Filing. An application for a Limited Term Permit shall be filed with the
Department in the following manner:
a. Application required. Applications for a Limited Term Permit shall be
filed and processed in compliance with Chapter 20.50 (Permit Application
Filing and Processing).
b. Application before operation. A complete application shall be filed with
the Department at least 30 days before the date that the proposed limited
duration use is scheduled to take place.
C. No similar activities for 30 days. The same or very similar limited
duration use shall not be allowed to operate on the same lot for at least
30 days following termination of the previous use.
d. Not within 180 days. Applications shall not be filed or accepted if final
action has been taken within the previous 180 days by the Zoning
Administrator to deny an application for the same or substantially the
same permit.
2. Contents. The application shall include all of the information and materials
specified by the Director, together with the required fee in compliance with the
City's Fee Schedule adopted by resolution.
3. Evidence. It is the responsibility of the applicant to establish evidence in support
of the findings required by Subsection G. (Findings and decision), below.
4. Project review procedures. Following receipt of a completed application, the
Director shall review the facts bearing on the case to provide the information
necessary for action consistent with the purpose of this Section.
5. Public hearing requirements.
a. Up to 90 days.
(1) A public hearing shall not be required for a Limited Term Permit
application for a limited duration use that is proposed to operate
for up to 90 days.
(2) However, the Director may, based on the specifics of the case,
determine that a public hearing be required before a decision on
an application. If required, the notice shall be provided and the
hearing shall be conducted in compliance with Chapter 20.62
(Public Hearings).
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b. 90 days or more.
20.52
(1) A public hearing shall be required for a Limited Term Permit
application for a limited duration use that is proposed to operate
for 90 days or more.
(2) Notice of the hearing shall be provided and the hearing shall be
conducted in compliance with Chapter 20.62 (Public Hearings).
F. Review authority.
Limited Term Permits may be approved, conditionally approved, or denied by the
Zoning Administrator, in compliance with this Section.
2. The Zoning Administrator may instead refer the application for a Limited Term
Permit to the Commission for consideration and final action when, in the Zoning
Administrator's judgment, there may be public interest, controversy, or issues
requiring a public forum due to the nature of the request.
3. f referred to the Commission, the Commission shall conduct a public hearing on
the application. Notice of the hearing shall be given and the hearing shall be
conducted in compliance with Chapter 20.62 (Public Hearings).
G. Findings and decision. The Zoning Administrator (or the Commission on a referral or
appeal) may approve or conditionally approve a Limited Term Permit application, only
after first finding all of the following:
The operation of the requested limited duration use at the location proposed and
within the time period specified would not be detrimental to the harmonious and
orderly growth of the City, or endanger, jeopardize, or otherwise constitute a
hazard to the public convenience, health, interest, safety, or general welfare of
persons residing or working in the neighborhood of the requested limited duration
use;
2. The subject lot is adequate in size and shape to accommodate the limited
duration use without material detriment to the use and enjoyment of other
properties located adjacent to and in the vicinity of the lot;
3. The subject lot is adequately served by streets or highways having sufficient
width and improvements to accommodate the kind and quantity of traffic that the
limited duration use would or could reasonably be expected to generate;
4. Adequate temporary parking to accommodate vehicular traffic to be generated by
the limited duration use would be available either on-site or at alternate locations
acceptable to the Zoning Administrator; and
5. The limited duration use is consistent with all applicable provisions of the General
Plan, any applicable specific plan, Municipal Code, and other City regulations.
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H. Conditions of approval. In approving a Limited Term Permit application, the review
authority may impose conditions that are deemed necessary to ensure that the permit
would be in full compliance with the findings required by Subsection G. (Findings and
decision), above. These conditions may address any pertinent factors affecting the
operation of the limited duration use, and may include the following:
Fixed period of time. Unless otherwise stated in the permit, a provision for a
fixed period of time not to exceed 30 days for a limited duration use not occupying
a structure, including promotional activities, or 12 months for all other limited
duration uses or structures, or for a shorter period of time as requested by the
applicant and determined appropriate by the Zoning Administrator;
2. Operating hours and days. Regulation of operating hours and days;
3. Temporary pedestrian and vehicular circulation. Provision for adequate
temporary pedestrian and vehicular circulation, parking facilities (including
vehicular ingress and egress), and public transportation, if applicable;
4. Regulation of nuisance factors. Regulation of nuisance factors including
prevention of glare or direct illumination on adjacent lots, dirt, dust, erosion,
gases, heat, noise, odors, smoke, soil contamination, trash, and vibration;
5. Regulation of temporary structures. Regulation of temporary structures and
facilities, including placement, height and size, location of equipment and open
spaces, including buffer areas and other yards;
6. Sanitary and medical facilities. Provision for sanitary and medical facilities, as
appropriate;
7. Waste collection, recycling, and/or disposal. Provision for solid, hazardous,
and toxic waste collection, recycling, and/or disposal;
8. Police/security and safety measures. Provision for police/security and safety
measures, as appropriate;
9. Signs. Regulation of signs in compliance with Chapter 20.42 (Sign Standards);
10. Performance bond or other security. Submission of a performance bond or
other security measures, satisfactory to the Director, to ensure that any temporary
facilities or structures used would be removed from the site within a reasonable
time following the cessation of the use and that the property would be restored to
its former condition, or better, as determined by the Director, to ensure that any
changes to the site would not limit the range of possible future uses otherwise
allowed by this Zoning Code;
11. Compliance with applicable provisions. A requirement that the approval of the
requested Limited Term Permit is contingent upon compliance with applicable
provisions of the Municipal Code and the successful granting of all required
permits from any other department or governing agency; and
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12. Other conditions. Other conditions that would ensure the operation of the
limited duration use in an orderly and efficient manner, and in full compliance with
the purpose of this Section.
Condition of site following limited duration use. Each site occupied by a limited
duration use shall be cleaned of debris, litter, or any other evidence of the limited
duration use upon completion or removal of the use, and shall continue to be used in
compliance with this Zoning Code.
J. Extension of Limited Term Permit. The Zoning Administrator may extend the time
limit for the Limited Term Permit, upon request of the applicant and for good cause
shown, up to a maximum time equal to the original approval, but not to exceed 12
additional months, with a maximum of 24 months total, in compliance with Section
20.54.060 (Time Limits and Extensions).
K. Post decision procedures. The procedures and requirements in Chapter 20.54
(Permit Implementation, Time Limits, and Extensions), and those related to appeals and
revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a
Limited Term Permit application.
20.52.050 — Modification Permits
A. Purpose. The purpose of this Section is to provide relief from specified development
standards of this Zoning Code when so doing is consistent with the purposes of this
Code and the General Plan, and does not negatively impact the community at large or in
the neighborhood of the specified development.
B. Review authority and allowable modifications. The Zoning Administrator shall
approve, conditionally approve, or deny applications for Modification Permits applicable
only to the following, subject to the findings indentified in Subsection E. (Required
findings), below:
1. Height modifications from exceptions identified in Part 3 (Site Planning and
Development Standards). The following modifications are limited to not more
than a 10 percent deviation from the standard being modified.
a. Chimneys, rooftop architectural features, and vents in excess of the
exception to the allowed height limits identified in Part 3 (Site Planning
and Development Standards);
b. Flag poles in excess of the exception to the allowed height limits; and
C. Heights of fences, hedges, or walls (except retaining walls).
2. Setback modifications. The following modifications are limited to not more than
a 10 percent deviation from the standard being modified.
a. Encroachments in front, side, or rear setback areas while still maintaining
the minimum clearances required by Section 20.30.110 (Setback
Regulations and Exceptions). Exceptions include the following:
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(1) Modifications shall not be allowed for encroachments into alley
setbacks; and
(2) Modifications shall not be allowed for encroachments into bluff
and canyon setback areas.
b. Structural appurtenances or projections that encroach into front, side, or
rear setback areas.
3. Other modifications. The following modifications are not limited in the amount
of deviation from the standard being modified.
a. Distances between structures located on the same lot;
b. Landscaping standards in compliance with Chapter 20.36 (Landscaping
Standards);
C. Maximum allowed roof area for roof mounted equipment that exceeds the
allowed height limits identified in Part 3 (Site Planning and Development
Standards);
d. Size or location of parking spaces, access to parking spaces, and
landscaping within parking areas;
e. Increase in allowed floor area of additions for uses that have
nonconforming parking;
f. Increase in allowed height, number, and area of signs; and
g. Increase in the allowed height of retaining walls.
C. Application filing and fees. An application for a Modification Permit shall be filed and
processed in compliance with Chapter 20.50 (Permit Application Filing and Processing).
The application shall include the information and materials specified by the Director,
together with the required fee in compliance with the City's Fee Schedule adopted by
resolution. It is the responsibility of the applicant to provide evidence in support of the
findings required by Subsection E. (Required findings), below.
D. Notice and hearing requirements. Notice of the public hearing shall be provided and
the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).
E. Required findings. The Zoning Administrator may approve or conditionally approve a
Modification Permit if, on the basis of the application, materials, plans, and testimony
(orally and/or in writing) submitted, the Zoning Administrator first finds all of the following:
1. The requested modification will be compatible with existing development in the
neighborhood;
2. The granting of the modification is necessary due to the unique physical
characteristic(s) of the property and/or structure, and/or characteristics of the
use;
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3. The granting of the modification is necessary due to practical difficulties
associated with the property and that the strict application of the Zoning Code
results in physical hardships that are inconsistent with the purpose and intent of
the Zoning Code;
4. There are no alternatives to the Modification Permit, that could provide similar
benefits to the applicant with less potential detriment to surrounding owners and
occupants, the neighborhood, or to the general public; and
5. The granting of the modification would not be detrimental to public health, safety,
or welfare to the occupants of the property, nearby properties, the neighborhood,
or the City, or result in a change in density or intensity that would be inconsistent
with the provisions of this Zoning Code.
F. Duties of the Zoning Administrator.
Review.
a. The Zoning Administrator shall review each application to ensure that the
proposal is consistent with the purpose and intent of this Zoning Code,
this Section, all applicable regulations and policies, and sound planning
practices.
The Zoning Administrator shall refer each application to the Building
Department and Public Works Department, and to other City departments
as determined to be appropriate by the Zoning Administrator.
C. Each department shall submit written recommendations to the Zoning
Administrator in a timely manner.
2. Rendering of decision. After the conclusion of the hearing on an application for
a Modification Permit, the Zoning Administrator shall render a written decision
within 15 days, unless both the applicant and the Zoning Administrator consent to
a later date.
3. Referral to Commission.
a. The Zoning Administrator may refer a Modification Permit application to
the Commission for consideration and final action.
b. The procedure for notice and hearings held by the Commission on
referred applications shall be in compliance with the same provisions as
identified in this Section and as specified in Chapter 20.62 (Public
Hearings).
G. Post decision procedures. The procedures and requirements in Chapter 20.54
(Permit Implementation, Time Limits, and Extensions), and those related to appeals and
revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a
Modification Permit application.
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20.52
20.52.060 — Planned Development Permits
Permit Review Procedures
A. Purpose. The purpose of this Section is to provide a process for approving a Planned
Development Permit that is intended to:
Ensure efficient use of land and a better living environment. Provide a
method whereby land may be designed and developed as a unified site by taking
advantage of efficient site planning techniques thereby resulting in a more
efficient use of land, a better living environment, excellence of design, and
related enhanced amenities than is otherwise possible through strict application
of the development standards identified in Part 2 (Zoning Districts, Allowable
Land Uses, and Zoning District Standards);
2. Ensure high standards of environmental quality. Ensure development that
meets high standards of environmental quality, public health and safety, the
efficient use of the City's resources, and the purpose, intent, goals, policies,
actions, and land use designations of the General Plan, and any applicable
specific plan,; and
3. Provide for enhanced amenities. Incorporate a program of enhanced
amenities (e.g., enhanced landscaping, additional and enhanced open space,
improvements to an existing public facility [e.g., park or trail, etc.]) than typically
required by this Zoning Code.
B. Applicability.
Allowed in all zoning districts. A Planned Development Permit may be
requested for any zoning district.
2. Minimum site area. A Planned Development Permit may only be requested for
a site(s) with a minimum of 1 acre.
3. Uses only allowed in base zoning district. A Planned Development Permit
may not authorize a use that is not allowed in the base zoning district.
4. Adjustment of standards.
a. The permit may adjust, where necessary and justifiable, all applicable
development standards identified in this Zoning Code, with the exception
of an increase in the applicable density or intensity. Height adjustments
shall be limited to those identified in Section 20.30.060 (Height Limits and
Exceptions).
b. Residential projects with increased density or intensity standards may
only be approved in compliance with Chapter 20.32 (Density Bonus).
5. Site Development Review not required. A Site Development Review shall not
be required with a Planned Development Permit application.
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C. Application filing, processing, and fees. An application for a Planned Development
Permit shall be filed and processed in compliance with Chapter 20.50 (Permit
Application Filing and Processing). The application shall include all of the information
and materials specified by the Director, together with the required fee in compliance with
the City's Fee Schedule adopted by resolution. It is the responsibility of the applicant to
provide evidence in support of the findings required by Subsection F. (Findings and
decision), below.
D. Review authority. The Commission may approve, conditionally approve, or deny the
Planned Development Permit application, based upon the findings contained in
Subsection F. (Findings and decision), below.
E. Project review, notice, and hearing.
1. Application consistent with the purpose of Section. Each Planned
Development Permit application shall be reviewed by the Director to ensure that
the application is consistent with the purpose and intent of this Section.
2. Public notice and hearing provisions.
a. Notice of hearing shall be provided and the hearing shall be conducted in
compliance with Chapter 20.62 (Public Hearings).
b. A public hearing shall be required for the Commission's action on a
Planned Development Permit application.
F. Findings and decision. The Commission may approve or conditionally approve a
Planned Development Permit application only after first finding all of the following:
The proposed development would:
a. Include only uses allowed within the base zoning district;
b. Be substantially consistent with the purpose, intent, goals, policies,
actions, and land use designations of the General Plan, and any
applicable specific plan;
C. Be substantially consistent with the purpose and intent of the base zoning
district;
d. Include sustainable improvement standards and protection of
environmental resources; and
e. Be compatible with other development within the zoning district and
general neighborhood of the proposed project.
2. The project would produce a development of higher quality and greater
excellence of design than that might otherwise result from using the standard
development regulations;
3. The subject site is adequate in terms of size, shape, topography, and
circumstances to accommodate the proposed development;
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4. The project, as conditioned, will not have a substantial adverse effect on
surrounding properties or allowed uses;
5. The project includes improved quality of life provisions and enhanced amenities,
including an additional and appropriate variety of structure placement and
orientation opportunities, appropriate mix of structure sizes, high quality
architectural design, common open space, landscaping, parking areas, private
open space, public art, recreational amenities for adults and/or children, private
or separated entrances, sustainable improvement standards (e.g., energy
efficient building design, construction, and operation; convenient pedestrian and
bicycle circulation; water and resource conservation), etc; and
6. The design, location, operating characteristics, and size of the project would be
compatible with the existing and future uses in the vicinity, in terms of aesthetic
values, character, scale, and view protection.
G. Minor changes by Director.
Minor changes in the Planned Development Permit that do not involve an
increase in the number of dwelling units or intensity of other use or a change of
use may be approved by the Director in compliance with Section 20.54.070
(Changes to an Approved Project).
2. Proposed changes that are not deemed minor shall be subject to review and
approval by the original review authority.
H. Post decision procedures. The procedures and requirements in Chapter 20.54
(Permit Implementation, Time Limits, and Extensions), and those related to appeals and
revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a
Planned Development Permit application.
20.52.070 — Reasonable Accommodations
A. Purpose. In compliance with Federal and State fair housing laws, it is the purpose of
this Section to provide reasonable accommodations in the City's zoning and land use
regulations, policies, and practices when needed to provide an individual with any
disability an equal opportunity to use and enjoy a dwelling.
B. Review authority. The Hearing Officer, as defined in Part 7 (Definitions), is hereby
designated to approve, conditionally approve, or deny applications for a reasonable
accommodation.
C. Application for reasonable accommodation.
1. Applicant. A request for reasonable accommodation may be made by any
person with a disability, their representative, or a developer or provider of
housing for individuals with a disability. A reasonable accommodation may be
approved only for the benefit of one or more individuals with a disability.
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2. Application.
20.52
a. An application for a reasonable accommodation from a zoning regulation,
policy, or practice shall be made on forms provided by the Department.
b. A fee shall not be required for a request for reasonable accommodation,
but if the project requires another discretionary permit, then the
prescribed fee shall be paid for the other discretionary permit(s) in
compliance with the City's Fee Schedule adopted by resolution.
3. Other discretionary permits.
a. If the project or use for which the request for reasonable accommodation
is made also requires or is related to other discretionary permits (e.g.,
Conditional Use Permit, etc.) for the same project or use, then the
applicant may file the request for reasonable accommodation together
with the application for the other discretionary permit.
If the applicant does not file the request for reasonable accommodation
concurrently with the application for other discretionary permits, then any
request for reasonable accommodation shall not be heard until after the
decision of the appropriate review authority for the other discretionary
permits is final and effective.
4. Required submittals. In addition to materials required under other applicable
provisions of this Zoning Code, an application for reasonable accommodation
shall include all of the following:
a. Documentation that the applicant is:
(1) An individual with a disability;
(2) Applying on behalf of one or more individuals with a disability; or
(3) A developer or provider of housing for one or more individuals with
a disability.
b. The specific exception or modification to the Zoning Code provision,
policy, or practices requested by the applicant.
C. Documentation that the specific exception or modification requested by
the applicant is the minimum necessary to provide one or more
individuals with a disability an equal opportunity to use and enjoy the
residence.
d. Any other information that the Director reasonably concludes is necessary
to determine whether the findings required by Subparagraph D. 2.
(Findings and decision), below can be made, so long as any request for
information regarding the disability of the individuals benefited complies
with Fair Housing Law protections and the privacy rights of the individuals
affected.
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D. Decision on reasonable accommodation.
Hearing Officer action.
a. The Hearing Officer shall issue a written determination to approve,
conditionally approve, or deny a request for reasonable accommodation,
and the associated modification or revocation in compliance with
Subparagraph D. 2 (Findings and decision), below.
b. The reasonable accommodation request shall be heard with, and subject
to, the notice, review, approval, and appeal procedures identified for any
other discretionary permit; provided the standard of review on appeal
shall not be de novo and the Council shall determine whether the findings
made by the Hearing Officer are supported by substantial evidence
presented during the public hearing.
C. On review the Council may sustain, reverse, or modify the decision of the
Hearing Officer or remand the matter for further consideration, which
remand shall include specific issues to be considered or a direction for a
de novo hearing.
2. Findings and decision.
a. The written decision to approve or deny a request for reasonable
accommodation shall be consistent with the all applicable Federal and
State laws and shall be based on consideration of the following findings,
all of which are required for approval:
(1) The requested accommodation is requested by or on the behalf of
one or more individuals with a disability protected under the Fair
Housing Laws;
(2) The requested accommodation is necessary to provide one or
more individuals with a disability an equal opportunity to use and
enjoy a dwelling;
(3) The requested accommodation will not impose an undue financial
or administrative burden on the City as "undue financial or
administrative burden" is defined in Fair Housing Laws and
interpretive case law;
(4) The requested accommodation will not result in a fundamental
alteration in the nature of a City program, as "fundamental
alteration" is defined in Fair Housing Laws and interpretive case
law; and
(5) The requested accommodation will not, under the specific facts of
the case, result in a direct threat to the health or safety of other
individuals or substantial physical damage to the property of
others.
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In making these findings, the review authority may approve alternative
reasonable accommodations that provide an equivalent level of benefit to
the applicant.
3. Factors for consideration - necessity. The Hearing Officer may consider, but
is not limited to, the following factors in determining whether the requested
accommodation is the minimum necessary to provide one or more individuals
with a disability an equal opportunity to use and enjoy a dwelling:
a. Whether the requested accommodation will affirmatively enhance the
quality of life of one or more individuals with a disability;
b. Whether the individual(s) with a disability will be denied an equal
opportunity to enjoy the housing type of their choice absent the
accommodation;
C. In the case of a residential care facility, whether the requested
accommodation is necessary to make facility, or facilities of a similar
nature or operation economically viable in light of the relevant market and
market participants; and
d. In the case of a residential care facility, whether the existing supply of
facilities of a similar nature and operation in the community is sufficient to
provide an individual(s) with a disability an equal opportunity to live in a
residential setting.
4. Factors of consideration - fundamental alteration/reasonableness. The
Hearing Officer may consider, but is not limited to, the following factors in
determining whether the requested accommodation would require a fundamental
alteration in the nature of a City program:
a. Whether the requested accommodation would fundamentally alter the
character of the neighborhood;
Whether the accommodation would result in a substantial increase in
traffic or insufficient parking;
C. Whether granting the requested accommodation would substantially
undermine any express purpose of either the City's General Plan or an
applicable specific plan; and
d. In the case of a residential care facility, whether the requested
accommodation would create an institutionalized environment due to the
number of and distance between facilities that are similar in nature or
operation.
5. Coastal Zone properties. For housing located in the Coastal Zone, a request
for reasonable accommodation under this Section may be approved by the City if
it is consistent with the findings provided in Subsection D, 2 (above); with
Chapter 3 of the California Coastal Act of 1976; with the Interpretative Guidelines
for Coastal Planning and Permits established by the California Coastal
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20.52
Permit Review Procedures
Commission dated February 11, 1977, and any subsequent amendments; and
the Local Coastal Program.
6. Rules while decision is pending. While a request for reasonable
accommodation is pending, all laws and regulations otherwise applicable to the
property that is the subject of the request shall remain in full force and effect.
7. Effective date.
a. A reasonable accommodation shall not become effective until the
decision to grant the accommodation shall have become final by reason
of the expiration of time to make an appeal.
b. In the event an appeal is filed, the reasonable accommodation shall not
become effective unless and until a decision is made by the Council on
the appeal in compliance with Chapter 20.64 (Appeals).
E. Expiration, time extension, violation, discontinuance, and revocation.
1. Expiration.
a. Any reasonable accommodation approved in compliance with the terms
of this Section shall expire within 24 months from the effective date of
approval or at an alternative time specified as a condition of approval
unless:
(1) A Building Permit has been issued and construction has
commenced;
(2) A Certificate of Occupancy has been issued;
(3) The use is established; or
(4) A time extension has been granted.
b. In cases where a Coastal Development Permit is required, the time period
shall not begin until the effective date of approval of the Coastal
Development Permit.
2. Time extension. The Hearing Officer may approve a time extension for a
reasonable accommodation for good cause for a period(s) not to exceed three
years. An application for a time extension shall be made in writing to the Director
no less than 30 days or more than 90 days before the expiration date.
3. Notice. Notice of the Hearing Officer's decision on a time extension shall be
provided in compliance with Chapter 20.62 (Public Hearings). All written
decisions shall give notice of the right to appeal and to request reasonable
accommodation in the appeals process as identified in Subparagraph 4. (Appeal
of determination), below.
[12LIM Newport Beach Zoning Code, Title 20 October 2010
Permit Review Procedures
20.52
4. Appeal of determination. A time extension for a reasonable accommodation
shall be final unless appealed to the Council within 14 calendar days of the date
of mailing of the determination. An appeal shall be made in writing and shall be
noticed and heard in compliance with Chapter 20.64 (Appeals), as modified by
Subparagraph D. 1. (Hearing Officer action), above.
5. Violation of terms. Any reasonable accommodation approved in compliance
with the terms of this Section may be revoked if any of the conditions or terms of
the reasonable accommodation are violated, or if any law or ordinance is violated
in connection with the reasonable accommodation.
6. Discontinuance.
a. A reasonable accommodation shall lapse if the exercise of rights granted
by it are discontinued for at least 180 consecutive days.
b. If the person(s) initially occupying a residence vacates or conveys the
property for which the reasonable accommodation was granted„ the
reasonable accommodation shall remain in effect only if the Director
determines that the modification authorized by the review authority is
physically integrated into the residential structure and cannot be easily
removed or altered to comply with this Zoning Code.
7. Revocation. Procedures for revocation shall be as identified in Chapter 20.68
(Enforcement).
F. Post decision procedures. The procedures and requirements in Chapter 20.54
(Permit Implementation, Time Limits, and Extensions), and those related to appeals and
revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a
reasonable accommodation application.
G. Amendments. A request for changes in conditions of approval shall be treated as a
new application. The Director may waive the requirement for a new application if the
changes are minor, do not involve substantial alterations or additions to the plan or the
conditions of approval, and are consistent with the intent of the original approval.
20.52.080 — Site Development Reviews
A. Purpose. The purpose of Site Development Review is to provide a process for the
review of specific development projects in order to:
Ensure consistency with General Plan policies related to the preservation of
established community character, and expectations for high quality development;
2. Respect the physical and environmental characteristics of the site;
3. Ensure safe and convenient access and circulation for pedestrians and vehicles;
4. Allow for and encourage individual identity for specific uses and structures;
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Permit Review Procedures
5. Encourage the maintenance of a distinct neighborhood and/or community
identity;
6. Minimize or eliminate negative or undesirable visual impacts;
7. Ensure protection of significant views from public right(s)-of-way in compliance
with Section 20.30.100 (Public View Protection); and
8. Allow for different levels of review depending on the significance of the
development project.
B. Applicability.
1. Site Development Review approval shall be required before the issuance of a
Building or Grading Permit for any new structure identified in Table 5-2, below,
except for those projects listed in Subparagraph 2, below.
2. The following types of projects and structures shall require the issuance of a
Zoning Clearance in compliance with Section 20.52.100, rather than a Site
Development Review:
a. Accessory structures;
b. Fences and/or walls;
C. The reconstruction or exterior remodeling of existing structures (including
facade improvements);
d. Residential construction: 1 to 4 dwelling units, without a tentative or
parcel map; and
e. Nonresidential construction: Up to a maximum of 9,999 square feet of
gross floor area.
3. A Site Development Review shall not be required for a Planned Development
Permit application.
4. The applicable review authority shall be as specified in Table 5-2 (Review
Authority for Site Development Reviews), below.
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Permit Review Procedures
TABLE 5-2
REVIEW AUTHORITY FOR SITE DEVELOPMENT REVIEWS
20.52
Note:
(1) "Decision" means that the review authority makes the final decision on the matter; "Appeal" means
that the review authority may consider and decide upon appeals to the decision of an earlier
decision-making body, in compliance with Chapter 20.64 (Appeals).
(2) The Zoning Administrator may defer action and refer the request to the Commission for the final
decision.
C. Application filing, processing, and review.
Application filing.
a. Filing. An application for a Site Development Review shall be filed and
processed in compliance with Chapter 20.50 (Permit Application Filing
and Processing).
b. Contents. The application shall include all of the information and
materials specified by the Director, together with the required fee in
compliance with the City's Fee Schedule adopted by resolution.
C. Evidence. It is the responsibility of the applicant to establish evidence in
support of the findings required by Subsection F. (Findings and decision),
below.
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Role of Review Authority (1) (2)
Type of Construction Activity
Zoning
Planning
Administrator
Commission
(Minor
(Major
Review)
Review
Residential construction: 5 to 20 dwelling units, without a
Decision
Appeal
tentative or parcel map.
Residential construction: 5 or more dwelling units with a tentative
or parcel map and 21 or more dwelling units, without a tentative or
Decision
parcel map.
Residential construction: On a bluff, an increase in the
boundaries of a development area in compliance with the findings in
Decision
Section 20.28.040 (Bluff Overlay District).
Mixed -Use projects: 1 to 4 dwelling units and nonresidential
construction of up to a maximum of 9,999 square feet of gross floor
Decision
Appeal
area.
Mixed -Use projects: 5 or more dwelling units and/or nonresidential
Decision
construction of 10,000 square feet or more of gross floor area.
Nonresidential construction: 10,000 to 19,999 square feet of
Decision
Appeal
gross floor area.
Nonresidential construction: 20,000 square feet or more of gross
Decision
floor area.
Height limit increase: Increase in maximum allowed height limit in
compliance with findings in Subsection 20.30.060. (Increase in
Decision
height limit).
MU -W1 zoning district. All new development, additions, and
Decision
Appeal
exterior remodeling.
Note:
(1) "Decision" means that the review authority makes the final decision on the matter; "Appeal" means
that the review authority may consider and decide upon appeals to the decision of an earlier
decision-making body, in compliance with Chapter 20.64 (Appeals).
(2) The Zoning Administrator may defer action and refer the request to the Commission for the final
decision.
C. Application filing, processing, and review.
Application filing.
a. Filing. An application for a Site Development Review shall be filed and
processed in compliance with Chapter 20.50 (Permit Application Filing
and Processing).
b. Contents. The application shall include all of the information and
materials specified by the Director, together with the required fee in
compliance with the City's Fee Schedule adopted by resolution.
C. Evidence. It is the responsibility of the applicant to establish evidence in
support of the findings required by Subsection F. (Findings and decision),
below.
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Permit Review Procedures
2. Application review. Each application for a Site Development Review shall be
reviewed to ensure that the application is consistent with: the purpose of this
Section; applicable development standards of this Zoning Code; all of the criteria
identified in Subparagraph c., below; and adopted criteria and policies applicable
to the use or structure.
a. A Site Development Review is initiated when the Department receives a
complete application package including the required information and
materials specified by the Director and any additional information required
by the applicable review authority in order to conduct a thorough review of
the project.
b. Upon receipt of a complete application the applicable review authority
shall conduct a review of the location, design, site plan configuration, and
effect of the proposed project on adjacent properties by comparing the
project plans to established development standards, and adopted criteria
and policies applicable to the use or structure.
C. The following criteria shall be considered during the review of a Site
Development Review application:
(1) Compliance with this Section, the General Plan, this Zoning Code,
any applicable specific plan, and other applicable criteria and
policies related to the use or structure;
(2) The efficient arrangement of structures on the site and the
harmonious relationship of the structures to one another and to
other adjacent developments; and whether the relationship is
based on standards of good design;
(3) The compatibility in terms of bulk, scale, and aesthetic treatment
of structures on the site and adjacent developments and public
areas;
(4) The adequacy, efficiency, and safety of pedestrian and vehicular
access, including drive aisles, driveways, and parking and loading
spaces;
(5) The adequacy and efficiency of landscaping and open space
areas and the use of water efficient plant and irrigation materials;
and
(6) The protection of significant views from public right(s)-of-way and
compliance with Section 20.30.100 (Public View Protection).
D. Review authority.
1. Other discretionary approval required. If the project also requires another
discretionary approval (e.g., Conditional Use Permit, Variance, etc.), then the
applicable review authority shall be the authority identified in Table 5-1 (Review
Authority) for the other discretionary approval.
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Permit Review Procedures
20.52
2. Site Development Review only. If the project only requires a Site Development
Review, then the applicable review authority shall be the authority identified in
Table 5-2 (Review Authority for Site Development Review) for the Site
Development Review.
3. Referral to the Commission. If the Site Development Review application
submitted is of significant consequence or magnitude or involves potential public
controversy, the Zoning Administrator may defer action and refer the application
to the Commission for review and decision.
E. Public notice and hearing provisions.
1. Public hearing required. A public hearing shall be required before the decision
on any Site Development Review application.
2. Notice. Notice of the hearing shall be provided and the hearing shall be
conducted in compliance with Chapter 20.62 (Public Hearings).
F. Findings and decision. The review authority may approve or conditionally approve a
Site Development Review application, only after first finding that the proposed
development is:
1. Allowed within the subject zoning district;
2. In compliance with all of the applicable criteria identified in Subparagraph C. 2.
c., above; and
3. Not detrimental to the harmonious and orderly growth of the City, or endanger,
jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the
neighborhood of the proposed development.
G. Minor changes by Director.
Minor changes to an approved Site Development Review that do not involve an
increase in structure area or height, an increase in the number of dwelling units,
or a change of use may be approved by the Director in compliance with Section
20.54.070 (Changes to an Approved Project).
2. Proposed changes that are not deemed minor shall be subject to review and
approval by the original review authority.
H. Post decision procedures. The procedures and requirements in Chapter 20.54
(Permit Implementation, Time Limits, and Extensions), and those related to appeals and
revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a
Site Development Review application.
20.52.090 — Variances
A. Purpose. A Variance provides a process for City consideration of requests to waive or
modify certain standards of this Zoning Code when, because of special circumstances
applicable to the property, including location, shape, size, surroundings, topography, or
October 2010 Newport Beach Zoning Code, Title 20
20.52
Permit Review Procedures
other physical features, the strict application of the development standards otherwise
applicable to the property denies the property owner privileges enjoyed by other property
owners in the vicinity and in the same zoning district.
B. Applicability. A Variance may be granted to waive or modify any requirement of this
Zoning Code except: allowed uses; residential density; specific prohibitions (for
example, prohibited signs), or procedural requirements.
C. Review authority. A Variance application shall be reviewed and approved, conditionally
approved, or denied by the Commission.
D. Application filing and processing. An application for a Variance shall be filed and
processed in compliance with Chapter 20.50 (Permit Application Filing and Processing).
The application shall include all of the information and materials specified by the
Director, together with the required fee in compliance with the City's Fee Schedule
adopted by resolution. It is the responsibility of the applicant to establish evidence in
support of the findings required by Subsection F. (Findings and decision), below.
E. Project review, notice, and hearing requirements.
Each application shall be reviewed by the Director to ensure that the proposal
complies with this Section and all other applicable requirements of this Zoning
Code.
2. The review authority shall conduct a public hearing on an application for a
Variance before a decision. Notice of the hearing shall be provided and the
hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).
F. Findings and decision. The review authority may approve or conditionally approve a
Variance only after first making all of the following findings:
There are special or unique circumstances or conditions applicable to the subject
property (e.g., location, shape, size, surroundings, topography, or other physical
features) that do not apply generally to other properties in the vicinity under an
identical zoning classification;
2. Strict compliance with Zoning Code requirements would deprive the subject
property of privileges enjoyed by other properties in the vicinity and under an
identical zoning classification;
3. Granting of the Variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant;
4. Granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and in the same
zoning district;
5. Granting of the Variance will not be detrimental to the harmonious and orderly
growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare of persons
residing or working in the neighborhood; and
Newport Beach Zoning Code, Title 20 October 2010
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20.52
6. Granting of the Variance will not be in conflict with the intent and purpose of this
Section, this Zoning Code, the General Plan, or any applicable specific plan.
G. Precedents. Each application shall be reviewed on an individual case-by-case basis
and the granting of a prior Variance is not relevant or admissible evidence for the
granting of a new Variance.
H. Post decision procedures. The procedures and requirements in Chapter 20.54
(Permit Implementation, Time Limits, and Extensions), and those related to appeals and
revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a
Variance application.
20.52.100 —Zoning Clearances
A. Purpose. Zoning Clearance is the procedure used by the City to verify that a proposed
use or structure complies with the activities allowed in the applicable zoning district and
the development standards and other provisions of this Zoning Code.
B. Applicability. Where Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District
Standards) or another provision of this Zoning Code requires a Zoning Clearance as a
prerequisite to establishing a use or structure, a Zoning Clearance shall be required at
the time of the Department's review of any of the following:
1. Initiation of a use. A Zoning Clearance shall be obtained before the initiation or
commencement of any use of land not requiring the construction of a structure.
2. Change of use. Whenever a use is proposed to be changed, whether or not the
new use involves a new lessee, operator, or owner, a Zoning Clearance shall be
obtained.
3. Building Permit, Grading Permit, or other construction permit. A Zoning
Clearance shall be obtained before the City issues a new or modified Building
Permit, Grading Permit, or other construction -related permit required for the
alteration, construction, modification, moving, or reconstruction of any structure.
C. Review and approval.
The Department shall issue the Zoning Clearance after first determining that the
request complies with all Zoning Code provisions and other adopted criteria and
policies applicable to the proposed use or structure.
2. An approval may be in the form of a stamp, signature, or other official notation on
approved plans, a letter to the applicant, or other certification, at the discretion of
the Director.
D. Referral to Commission. The Department may defer action and refer the Zoning
Clearance request to the Commission for consideration and final action.
E. Appeal to Commission. The Department's action on a Zoning Clearance request may
be appealed to the Commission in compliance with Chapter 20.64 (Appeals).
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Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.54 — Permit Implementation, Time Limits, and Extensions
Sections:
20.54.010
— Purpose
20.54.020
— Use of Property
20.54.030
— Effective Date of Permits
20.54.040
— Applications Deemed Approved
20.54.050
— Performance Guarantees
20.54.060
— Time Limits and Extensions
20.54.070
— Changes to an Approved Project
20.54.080
— Resubmittals
20.54.090
— Covenants
20.54.010 — Purpose
This Chapter provides requirements for the implementation or "exercising" of permits listed in
Table 5-1 and other approvals that are granted or issued in compliance with this Zoning Code,
including time limits and procedures for granting extensions of time.
20.54.020 — Use of Property
Required construction permits (e.g., Building, Grading, and other construction permits) may be
issued following the effective date of the permit in compliance with Section 20.54.030, below.
A. Compliance required. Grading shall not be commenced and no structure shall be
altered, enlarged, erected, moved, or rebuilt subject to the provisions of this Part, except
in compliance with the approved permit and associated conditions.
B. Director's determination. Conformity shall be determined by the Director, or in the
case of disagreement with the applicant, by the applicable review authority.
20.54.030 — Effective Date of Permits
The approval of any discretionary permit shall become effective on the 15`" day following the
actual date of application approval by the appropriate review authority, where no appeal of the
review authority's action has been filed in compliance with Chapter 20.64 (Appeals).
20.54.040 — Applications Deemed Approved
A permit application that is deemed approved by operation of law shall be subject to all
applicable provisions of this Zoning Code, which shall be satisfied by the applicant before a
Building or Grading Permit is issued or a use not requiring a Building Permit is established.
October 2010 Newport Beach Zoning Code, Title 20
20.54
20.54.050 — Performance Guarantees
A. Deposit of security.
Permit Implementation, Time Limits, and Extensions
If the review authority finds that the issuance of a permit or other approval is
reasonably likely to have a direct adverse impact on the health, safety, or welfare
of the public if the condition(s) is not performed, the review authority may impose,
as a condition of approval, a requirement that the applicant deposit security in an
amount sufficient to ensure the faithful performance of the condition(s).
2. The security shall be in the form of cash, a certified or cashier's check, or a
performance bond. If the applicant elects to fulfill the condition by providing a
performance bond, the performance bond shall be issued by a surety currently
authorized by the Insurance Commissioner to transact business in the State of
California. The surety shall be of a financial size and have financial rating
acceptable to the City's Risk Manager. The form of the performance bond shall
be subject to approval by the City Attorney.
3. The security shall remain in effect until all of the secured conditions have been
performed to the satisfaction of the Director.
4. Security required in compliance with this Section shall be payable to the City.
B. Release of security. Upon satisfactory compliance with all applicable provisions of this
Section, the security deposit shall be released.
C. Failure to comply.
Upon failure to perform any secured condition in a timely manner, the City may
execute the condition, or cause it to be done, and may collect from the applicant,
and surety in case of a bond, all costs incurred, including administrative,
engineering, legal, and inspection costs.
2. The unused portion of the security, if any, shall be refunded to the applicant after
deduction of the costs recoverable by the City.
D. Appeal. The Director's determinations under this Section may be appealed to the
Council by the applicant by filing an appeal with the City Clerk within 14 days after the
decision in compliance with Chapter 20.64 (Appeals).
20.54.060 — Time Limits and Extensions
A. Time limits.
Unless a condition of approval or other provision of this Zoning Code establishes
a different time limit, any permit or approval not exercised within 24 months from
the actual date of review authority approval shall expire and become void, except
where an extension of time is approved in compliance with Subsection B., below.
2. The permit shall not be deemed "exercised" until at least one of the following has
first occurred:
J&Q1M Newport Beach Zoning Code, Title 20 October 2010
Permit Implementation, Time Limits, and Extensions
20.54
a. A Grading Permit has been issued and grading has been substantially
completed;
b. A Building Permit has been issued and construction has commenced, and
has continued to maintain a valid Building Permit by making satisfactory
progress as determined by the Building Official;
C. A Certificate of Occupancy has been issued;
d. The use is established; or
e. A time extension has been granted in compliance with Subsection B.,
below.
3. In cases where a Coastal Development Permit is required, the 24 -month time
limit shall not begin until the effective date of approval of the Coastal
Development Permit.
4. If a project is to be developed in pre -approved phases, each subsequent phase
shall be exercised within 24 months from the date that the previous phase was
exercised, unless otherwise specified in the permit, or the permit shall expire and
become void, except where an extension of time is approved in compliance with
Subsection B., below.
5. If the project also involves the approval of a Tentative Map, the phasing shall be
consistent with the Tentative Map and the permit shall be exercised before the
expiration of the Tentative Map, or the permit shall expire and become void and
of no further effect.
6 Once exercised, any use that has been abandoned for at least 180 days or
changed shall be deemed void.
B. Extensions of time. Upon written request by the applicant, the Director, or the
Commission under a referral or appeal, may extend the time for an approved permit or
approval to be exercised.
1. Filing and review of request. The applicant shall file a written request for an
extension of time with the Department no less than 30 days or more than 90 days
before the expiration date of the permit, together with the filing fee required by
the City's Fee Schedule adopted by resolution.
2. Action on extension request. A permit or approval may be extended for no
more than 3 additional 12 -month periods beyond the expiration of the original
approval; provided, the Director, or the Commission under a referral or appeal,
first finds that there have been no changes in the conditions or circumstances of
the site or project so that there would have been grounds for denial of the original
project.
October 2010 Newport Beach Zoning Code, Title 20
20.54
Permit Implementation, Time Limits, and Extensions
C. Effect of expiration. After the expiration of a permit or approval in compliance with
Subsection A. (Time limits), above, no further work shall be done on the site and no
further use of the site shall occur until a new permit or approval and any required
Building Permit or other City permits or approvals are first obtained.
20.54.070 — Changes to an Approved Project
Development or a new use authorized through a permit granted in compliance with this Zoning
Code shall be established only as approved by the review authority, and in compliance with any
conditions of approval, except where a change to the project is approved in compliance with this
Section.
A. Application. An applicant shall request a proposed change in writing, and shall also
furnish appropriate supporting information and materials explaining the reasons for the
request.
B. Minor changes approved by the Director without a public hearing.
The Director may authorize minor changes to an approved site plan, architecture,
or the nature of the approved use, without a public hearing, where the Director
first finds that the changes:
a. Are consistent with all applicable provisions of this Zoning Code;
b. Do not involve a feature of the project that was a basis for or subject of
findings or exemptions in a Negative Declaration or Environmental Impact
Report for the project;
C. Do not involve a feature of the project that was specifically addressed or
was the subject of a condition(s) of approval for the project or that was a
specific consideration by the applicable review authority in the project
approval; and
d. Do not result in an expansion or change in operational characteristics of
the use.
2. The Director may choose to refer any requested change to the original review
authority for review and final action.
C. Changes approved by original review authority. A proposed change that does not
comply with the criteria identified in Subsection B. (Minor changes approved by the
Director without a public hearing), above, may only be approved by the original review
authority for the project through a new permit application filed and processed in
compliance with Chapter 20.50 (Permit Application Filing and Processing) and the
applicable provisions of Chapter 20.52 (Permit Review Procedures).
Newport Beach Zoning Code, Title 20 October 2010
Permit Implementation, Time Limits, and Extensions
20.54.080 — Resubmittals
20.54
A. Resubmittal after denial with prejudice. For a period of 12 months following the
actual date of denial with prejudice by the applicable review authority, or, if appealed, the
actual date of denial by the applicable review authority considering the appeal, of a
discretionary permit or amendment, no application for the same or substantially similar
permit or amendment shall be filed for the same site, or any portion thereof.
B. Exception to Subsection A., above. The Director may allow exception to Subsection
A., above, based on one or more of the following findings:
New evidence material to a revised decision will be presented that was
unavailable or unknown to the applicant at the previous hearing(s) and that could
not have been discovered in the exercise of reasonable diligence by the
applicant.
2. There has been a substantial and permanent change of circumstances since the
previous hearing(s), that materially affects the applicant's real property.
3. A mistake was made at the previous hearing(s) that was a material factor in the
denial(s) of the previous application.
C. Resubmittal after denial without prejudice. There shall be no limitation on subsequent
applications for a site where a project was denied without prejudice.
D. Director's determination, appeal.
The Director shall determine whether a new application is for a permit or
amendment that is the same or substantially similar to a previously approved or
denied permit or amendment, and shall either process or reject the application in
compliance with this Section.
2. The Director's determination may be appealed to the Commission, in compliance
with Chapter 20.64 (Appeals).
20.54.090 — Covenants
A. Applicability. When necessary to achieve the land use goals and policies of the
General Plan, the City may require a property owner to record a covenant and/or other
limitation(s) in favor of the City. A covenant:
May be required to provide for necessary emergency access, landscaping, light
and air access, open space, parking, public view protection, shoreline and
blufftop access, solar access, resource protection, etc., or limitation(s) or
restriction(s) on the use of property as a result of a project approval; and
2. Shall be imposed as a condition of approval by the review authority.
B. Form of covenant. The form of the covenant shall be approved by the City Attorney,
and the covenant shall:
Describe the real property to be benefitted by the covenant;
October 2010 Newport Beach Zoning Code, Title 20
20.54
Permit Implementation, Time Limits, and Extensions
2. Identify the City permit or approval that relied on or required the covenant; and
3. Identify the purposes of the covenant.
C. Recordation. A covenant shall be recorded in the County Recorder's Office.
D. Effect of covenant.
From and after the time of its recordation, a covenant shall provide notice to all
persons to the extent afforded by the recording laws of the State.
2. The burdens of the covenant shall be binding on, and the covenant shall benefit
all successors -in -interest to the real property.
E. Enforceability. A covenant shall be enforceable by the successors -in -interest to the
real property affected by the covenant, and the City. This Section shall not create
standing in any person, other than the City, and any owner of the real property affected
by the covenant, to enforce or to challenge the covenant or any requested amendment
or release.
F. Release of covenant. A covenant may be released by the Director, or by another
appropriate review authority in the event of an appeal, at the request of any affected
person, including the City.
1. Process for release. The release of a covenant shall require that the review
authority first:
a. Conduct a noticed public hearing in compliance with Chapter 20.62
(Public Hearings); and
b. Find that the covenant on the site is no longer necessary to achieve the
land use goals of the City.
2. Recordation. A notice of the release of the covenant shall be recorded by the
Director in the County Recorder's Office.
3. Fees. The applicant for a release of a covenant shall pay the fee for the
processing of the release in compliance with the City's Fee Schedule adopted by
resolution.
Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.56 — Planned Community District Procedures
Sections:
20.56.010 — Purpose
20.56.020
— Area Requirements
20.56.030
— PC District - Land Use Regulations
20.56.040
— PC District - Property Development Regulations
20.56.050 — Application Procedures
20.56.060
— Zoning Map Designator
20.58.010
— Purpose
20.58.020 — Intent
20.58.030
— Applicability
20.58.040
— Initiation and Presubmittal of Specific Plans
20.58.050
— Application Filing and Initial Review
20.58.060
— Preparation and Content
20.58.070
— Application Processing
20.58.080
— Adoption of Specific Plan
20.58.090 — Amendments
20.56.010 — Purpose
The Planned Community (referred to in this Chapter as the PC) District is intended to:
A. Classification and development of land. Provide for the classification and
development of land as coordinated, comprehensive projects in order to take advantage
of the superior environment resulting from large-scale community planning.
B. Diversification of uses. Allow diversification of uses as they relate to each other in a
physical and environmental arrangement while ensuring substantial compliance with the
spirit, intent, and provisions of this Zoning Code.
C. Development plan and text materials. Include various types of uses, consistent with
the General Plan through the adoption of a development plan and text materials that
identify land use relationships and associated development standards.
20.56.020 — Area Requirements
A. Minimum acreage.
In order to meet the objectives identified in Section 20.56.010 (Purpose), above,
an application for a PC District shall contain a minimum of 25 acres of
unimproved land area or 10 acres of improved land area.
2. The Council may waive these minimum acreage requirements.
October 2010 Newport Beach Zoning Code, Title 20
20.56
Planned Community District Procedures
B. Improved land area defined. The term "improved land area" as used in this Section
shall mean parcels of land with permanent structures affixed to the land, the
improvements occupying a land area amounting to at lest 10 percent of the total acreage
of the PC District at the time of application for a Zoning Map amendment, excluding
areas of public works or improvements and public rights-of-way.
20.56.030 — PC District - Land Use Regulations
A. Existing uses.
Uses existing at the time of establishment of a PC District shall be either:
a. Incorporated as part of the approved development plan;
b. Allowed to continue as nonconforming uses, in compliance with Chapter
20.38 (Nonconforming Uses and Structures) ; or
C. Be terminated in compliance with a specific abatement schedule
approved as part of the development plan.
2. Existing uses that are prohibited by any provisions of this Zoning Code shall be
terminated before final approval of the development plan.
B. New uses.
A use, other than a use existing at the time of establishment of a PC District,
shall not be allowed in a PC District except in compliance with a valid PC
development plan.
2. An allowed use authorized by this Zoning Code and consistent with the General
Plan may be included in an approved PC development plan.
3. The Zoning Administrator may approve uses and structures in compliance with
Section 20.52.040 (Limited Term Permits).
20.56.040 — PC District - Property Development Regulations
Property development regulations applicable to residential, commercial, industrial, and mixed
use districts shall also apply to corresponding portions of PC Districts, unless specifically waived
or modified by an approved PC District development plan. Where conflict in provisions occurs,
the regulations specified in this Chapter or in the development plan(s) approved in compliance
with this Chapter shall apply.
20.56.050 — Application Procedures
If initiated by a property owner(s), the PC District and associated development plan application
shall comply with all of the following.
. Newport Beach Zoning Code, Title 20 October 2010
Planned Community District Procedures
20.56
A. Reclassification. An application for classification to a PC District, and/or the adoption
of a development plan, shall be filed in compliance with Chapter 20.50 (Permit
Application Filing and Processing) and Chapter 20.66 (Amendments). The application
shall include all of the information and materials specified by the Director, together with
the required fee in compliance with the City's Fee Schedule adopted by resolution.
B. Development plan.
Initiation of development plan. A PC District development plan may be
initiated in the following manner:
a. Council. By the Council, with or without a recommendation from the
Commission;
b. Commission. By the Commission; or
C. Property owner(s). By the filing of a development plan application with
the Department by the owner(s) or authorized agent(s) of property for
which the development plan is sought. If the property is held in more than
one ownership, all owners or their authorized agents shall join in filing the
application.
2. Conditional Use Permit serves as development plan. Where existing uses
have been established by a Conditional Use Permit before the adoption of a PC
District and the uses are to be retained, the Conditional Use Permit as approved
or subsequently amended shall constitute the required development plan.
3. Development plan required. No new or expanded uses shall occur without an
approved PC District development plan.
C. Development plan contents. Unless specifically waived by the Director, a PC District
development plan application shall contain all of the following information, plans, and
materials:
1. Land use map clearly illustrating the distribution, location, and extent of uses
proposed within the area covered by the development plan, including open space
areas;
2. Land use tables clearly illustrating the uses as allowed, conditionally allowed, or
not allowed, including any special requirements applicable to specific uses;
3. Development standards clearly indicating the proposed acreages, densities and
intensities, gross floor area, lot coverage, off-street parking, structure heights,
and a circulation plan, along with accompanying text identifying the property
development regulations that constitute the standards of development designed
to govern those sectors specified in the development plan. The standards shall
contain definitions and information concerning requirements for landscaping,
lighting, screening, setback line designations, signs, storage, and other
information that the Director shall require to ensure substantial compliance with
the intent of this Chapter;
4. Protection measures for landforms and public views;
October 2010 Newport Beach Zoning Code, Title 20
20.56
Planned Community District Procedures
5. Sustainable improvement standards (e.g., energy efficient building design,
construction, and operation; convenient pedestrian and bicycle circulation; water
and resource conservation);
6. Distribution, extent, intensity, and location of major components of public and
private circulation/transportation, drainage, energy, sewage disposal, solid waste
disposal, storm drainage, water, and other essential facilities proposed to be
located within the development plan area and needed to support the proposed
uses;
7. Standards and criteria by which development would proceed, and standards for
the conservation, development, and utilization of natural resources, where
applicable;
8. A program of implementation measures, programs, regulations, and public works
projects, necessary to carry out the proposed uses, infrastructure, and
development and conservation standards and criteria;
9. A map of the development plan area showing sufficient topographical data to
indicate clearly the character of the terrain, the type, location, and condition of
mature trees and other vegetation, and a conceptual grading plan for the subject
property;
10. A discussion of the relationship of the proposed development plan to the goals,
policies, and actions of the General Plan; and
11. Additional information deemed to be necessary by the Director based on the
characteristics of the area to be covered by the development plan, applicable
goals, policies, and actions of the General Plan, or any other issue(s) determined
by the Director to be significant.
D. Review of development plans.
1. Director's review. Following receipt of a completed application, the Director
shall review the facts bearing on the case to provide the information necessary
for action consistent with the purpose of this Chapter.
2. Notice and hearing requirements.
a. Public hearings shall be required for the Commission's recommendation
and the Council's action on a PC District development plan.
b. The public hearings shall be scheduled once the Director finds the
application complete in compliance with Section 20.50.060 (Initial
Application Review).
C. Noticing of the hearings shall be provided and the hearings shall be
conducted in compliance with Chapter 20.62 (Public Hearings).
Newport Beach Zoning Code, Title 20 October 2010
Planned Community District Procedures
20.56
3. Environmental review required. The development plan shall be subject to
environmental review as identified in Section 20.50.080 (Environmental Review).
4. Staff report. A written staff report shall be prepared for the development plan
that shall include detailed recommendations and, if appropriate, suggested
changes to the text and/or diagrams of the development plan, as determined to
be necessary to make it acceptable for adoption.
E. Development plan amendments.
1. Process for amendment. A PC District development plan may be amended
through the same procedure specified by this Chapter for the adoption of a
development plan.
2. Frequency of amendments. A development plan may be amended as often as
deemed necessary by the Council.
20.56.060 — Zoning Map Designator
Each PC District shall be shown on the Zoning Map with a "PC" designator, numbered, and
identified sequentially by order of enactment.
October 2010 Newport Beach Zoning Code, Title 20
20.56
Planned Community District Procedures
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�Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.58 — Specific Plan Procedures
Sections:
20.58.010 — Purpose
20.58.020
— Intent
20.58.030
— Applicability
20.58.040
— Initiation and Presubmittal of Specific Plans
20.58.050 — Application Filing and Initial Review
20.58.060
— Preparation and Content
20.58.070
— Application Processing
20.58.080
— Adoption of Specific Plan
20.58.090
— Amendments
20.58.010 — Purpose
The purpose of this Chapter is to provide a process for preparing, processing, reviewing,
adopting, and amending specific plans.
20.58.020 — Intent
A. General Plan implementation. After the Council has adopted the General Plan, or any
amendment, the Department may, or as directed by the Council, shall prepare specific
plans for the systematic implementation of the General Plan. A specific plan may not be
adopted or amended unless first found consistent with the General Plan.
B. Adopted by ordinance. A specific plan adopted by ordinance shall replace the base
zoning district(s) for the subject property, and the development standards and criteria
identified in the specific plan shall take precedence over the general standards and
criteria contained in this Zoning Code.
C. Adopted by resolution. A specific plan adopted by resolution shall be applied as
criteria and the applicable standards contained in this Zoning Code shall take
precedence over the development standards identified in the specific plan.
20.58.030 — Applicability
A. Specific plan required. When required by the General Plan, , or this Zoning Code to
systematically implement the General Plan a specific plan shall be prepared, processed,
approved and implemented, or denied, in compliance with this Chapter.
B. Flexibility and innovation. A specific plan is designed to provide for flexibility,
innovative use of land resources and development, a variety of housing and other
development types, and an effective and safe method of pedestrian and vehicular
circulation.
October 2010 Newport Beach Zoning Code, Title 20
20.58
Specific Plan Procedures
C. Commission and Council review. An application for a specific plan shall be
considered by the Commission and Council.
20.58.040 — Initiation and Presubmittal of Specific Plans
A specific plan may be initiated in the following manner:
A. Council. By the Council, with or without a recommendation from the Commission;
B. Commission. By the Commission; or
C. Property owner(s). By an application being filed by the owner(s) of one or more lots
that would be the subject of the specific plan. If initiated by a property owner(s), the
following shall first occur.
1. A pre -application conference with the Director before the filing of a specific plan
application, in compliance with Subsection 20.50.040.A. (Pre -application
conference).
2. Public meeting(s) required.
a. Before the preparation of the specific plan, at least one
public/neighborhood meeting shall be held to identify potential community
impacts and concerns relating to the proposed plan.
b. Public notice of the meeting shall be in compliance with Chapter 20.62
(Public Hearings).
20.58.050 — Application Filing and Initial Review
If initiated by a property owner(s), the specific plan application shall comply with all of the
following.
A. Filing. An application for a specific plan, together with the required fee in compliance
with the City's Fee Schedule adopted by resolution, shall be filed with the Department in
compliance with Chapter 20.50 (Permit Application Filing and Processing).
B. Contents. The application shall include all of the information and materials specified by
the Director and Subsection 20.58.060.B. (Required information), below, for specific plan
applications.
C. Project review procedures. Following receipt of a completed application, the Director
shall review the facts bearing on the case to provide the information necessary for action
consistent with the purpose of this Chapter.
D. Notice and hearing requirements.
Public hearings shall be required for the Commission's recommendation and the
Council's action on a specific plan or an amendment.
2. The public hearings shall be scheduled once the Director finds the application
complete in compliance with Section 20.50.060 (Initial Application Review).
Newport Beach Zoning Code, Title 20 October 2010
Specific Plan Procedures
20.58
3. Noticing of the hearings shall be provided and the hearings shall be conducted in
compliance with Chapter 20.62 (Public Hearings).
20.58.060 — Preparation and Content
If initiated by a property owner(s), the specific plan application shall comply with the following.
A. Organization of specific plan. The applicant shall prepare a draft specific plan for
review by the City that includes detailed information in the form of text and diagram(s).
B. Required information. Unless specifically waived by the Director, a draft specific plan
application shall contain all of the following information, plans, and materials:
The distribution, location, and extent of uses proposed within the area covered by
the specific plan, including open space areas;
2. The distribution, extent, intensity, and location of major components of public and
private circulation/transportation, drainage, energy, sewers, solid waste disposal,
water, and other essential facilities proposed to be located within the specific
plan area and needed to support the proposed uses;
3. Standards and criteria by which development would proceed, and standards for
the conservation, development, and utilization of natural resources, where
applicable;
4. A program of implementation measures, including financing, regulations,
programs, and public works projects, necessary to carry out the proposed uses,
infrastructure, and development and conservation standards and criteria;
5. A discussion of the relationship of the specific plan to the goals, policies, and
actions of the General Plan or the certified Coastal Land Use Plan for sites
located within the City's Coastal Zone; and
6. Additional information deemed to be necessary by the Director based on the
characteristics of the area to be covered by the plan, applicable goals, policies,
and actions of the General Plan or the certified Coastal Land Use Plan for sites
located within the City's Coastal Zone, or any other issue(s) determined by the
Director to be significant.
20.58.070 — Application Processing
If initiated by a property owner(s), the draft specific plan shall be processed in the same manner
as required for General Plans by State law, and as follows.
A. Director's evaluation.
After the filing of a draft specific plan, the Director shall review the draft plan to
determine whether it is in compliance with the provisions of this Chapter.
October 2010 Newport Beach Zoning Code, Title 20
20.58
Specific Plan Procedures
2. If the draft plan is not in compliance, it shall be returned to the applicant with
written specifications) as to why it does not comply, and with suggested
revisions to ensure compliance.
B. Environmental review required. The draft specific plan shall be subject to
environmental review as identified in Section 20.50.080 (Environmental Review).
C. Staff report. A written staff report shall be prepared for the draft specific plan that
includes detailed recommendations and, if appropriate, suggested changes to the text
and/or diagrams of the specific plan, as determined to be necessary to make it
acceptable for adoption.
20.58.080 — Adoption of Specific Plan
A. Mandatory finding for adoption. A specific plan may only be adopted if found
consistent with the General Plan.
B. Method of adoption. A specific plan shall be adopted by ordinance or by resolution of
the Council
20.58.090 — Amendments
A. Process for amendment. A specific plan may be amended through the same
procedure specified by this Chapter for the adoption of a specific plan.
B. Frequency of amendments. The specific plan may be amended as often as deemed
necessary by the Council.
Newport Beach Zoning Code, Title 20 October 2010
Part 6
Zoning Code Administration
Table of Contents
Chapter 20.60
— Administrative Responsibility.....................................................................6-3
20.60.010 —
Purpose..............................................................................................................6-3
20.60.020 —
City Council........................................................................................................6-3
20.60.030 —
Planning Commission........................................................................................6-3
20.60.040 —
Hearing Officer...................................................................................................6-4
20.60.050 —
Zoning Administrator..........................................................................................6-5
20.60.060 —
Planning Director...............................................................................................6-5
Chapter 20.62
— Public Hearings............................................................................................6-7
20.62.010 —
Purpose..............................................................................................................6-7
20.62.020 —
Notice of Public Hearing.....................................................................................6-7
20.62.030 —
Hearing Procedure.............................................................................................6-9
20.62.040 —
Decision.............................................................................................................6-9
Chapter20.64 — Appeals.......................................................................................................6-11
20.64.010 —
Purpose............................................................................................................6-11
20.64.020 —
Appeals............................................................................................................6-11
20.64.030 —
Filing and Processing of Appeals.....................................................................6-11
20.64.040 —
Judicial Review of City Decision......................................................................6-13
Chapter 20.66
— Amendments...............................................................................................6-15
20.66.010 —
Purpose............................................................................................................6-15
20.66.020 —
Initiation of Amendment...................................................................................6-15
20.66.030 —
Processing, Notice, and Hearing......................................................................6-15
20.66.040 —
Commission Recommendation........................................................................6-16
20.66.050 —
Council Decision..............................................................................................6-16
20.66.060 —
Prezoning — Annexations.................................................................................6-16
20.66.070 —
Effective Dates.................................................................................................
6-17
Chapter 20.68
— Enforcement...............................................................................................6-19
20.68.010 —
Purpose............................................................................................................6-19
20.68.020 —
Permits and Approvals.....................................................................................6-19
20.68.030 —
Inspections.......................................................................................................6-19
20.68.040 —
Initial Enforcement Action................................................................................6-20
20.68.050 —
Legal Remedies...............................................................................................6-20
20.68.060 —
Additional Permit Fees.....................................................................................6-21
20.68.070 —
Reinspection Fees...........................................................................................6-22
October 2010 Newport Beach Zoning Code, Title 20
Part 6 — Zoning Code Administration
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Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.60 — Administrative Responsibility
Sections:
20.60.010
— Purpose
20.60.020
— City Council
20.60.030
— Planning Commission
20.60.040
— Hearing Officer
20.60.050
— Zoning Administrator
20.60.060
— Planning Director
20.60.010 — Purpose
This Chapter describes the authority and responsibilities of the Newport Beach City Council,
Planning Commission, Hearing Officer, Zoning Administrator, and Planning Director in the
administration of this Zoning Code.
20.60.020 — City Council
A. Duties and functions. The City Council (referred to in this Zoning Code as the Council)
shall perform the duties and functions prescribed in this Zoning Code, which include the
following:
Final review authority on legislative acts. To make final City decisions on
legislative acts (e.g., General Plan and amendments, specific plans and
amendments, zoning amendments), Final Maps in compliance with Municipal
Code Title 19 (Subdivisions), and other applicable policy or ordinance matters
related to the City's planning process. Additionally, the Council shall be the final
review authority on all concurrent applications filed with legislative act
applications; and
2. Appeals. To hear and decide appeals filed from Hearing Officer and
Commission decisions in compliance with Chapter 20.64 (Appeals).
B. Imposition of conditions. In making decisions on applications, the Council may
impose conditions it deems necessary to implement the General Plan, and the Municipal
Code standards that apply to development and to further the public health, safety, and
general welfare of the community.
20.60.030 — Planning Commission
A. Appointment. The Planning Commission (referred to in this Zoning Code as the
Commission) shall consist of 7 members appointed by the Council in compliance with
Article VII of the City Charter.
October 2010 Newport Beach Zoning Code, Title 20
20.60 Administrative Responsibility
B. Duties and functions. The Commission shall perform the duties and functions
prescribed by State law, the City Charter, and the Municipal Code, including the
following:
Approve, conditionally approve, or deny the applications prescribed by this
Zoning Code (e.g., Conditional Use Permits, Planned Development Permits,
Variances, etc.) and Tentative Tract Maps in compliance with Municipal Code
Title 19 (Subdivision Code);
2. Review the effectiveness and appropriateness of this Zoning Code and
recommend amendments or changes to the Council as it deems appropriate;
3. Provide recommendations to the Council for final decisions on legislative acts
(e.g., General Plan and amendments, specific plans and amendments, zoning
amendments), and other applicable policy or ordinance matters related to the
City's planning process. Additionally, the Commission shall provide
recommendations to the Council on all concurrent applications filed with
legislative act applications; and
4. Hear and decide appeals for all Zoning Administrator decisions and Director
determinations in compliance with Chapter 20.64 (Appeals).
C. Imposition of conditions. In making decisions on applications, the Commission may
impose conditions it deems necessary to implement the General Plan, and the Municipal
Code standards that apply to development and to further the public health, safety, and
general welfare of the community.
20.60.040 — Hearing Officer
A. Appointment. The Hearing Officer(s) shall be appointed by the Council.
B. Duties and functions. The Hearing Officer(s) shall perform the duties and functions
prescribed by State law, the City Charter, and this Zoning Code, including the following:
1. Conditional Use Permits in residential zoning districts. Approve,
conditionally approve, or deny applications identified in Table 5-1 (Review
Authority) in compliance with Section 20.52.030 (Conditional Use Permits in
Residential Zoning Districts).
2. Nonconforming uses. Approve, conditionally approve, or deny requests for
extensions of time of abatement periods for nonconforming uses located in
residential zoning districts in compliance with Section 20.38.100 (Abatement
Periods).
3. Reasonable Accommodations. Approve, conditionally approve, or deny
requests for Reasonable Accommodations in compliance with Section 20.52.070
(Reasonable Accommodations).
Newport Beach Zoning Code, Title 20 October 2010
Administrative Responsibility
20.60
C. Imposition of conditions. In making decisions on applications, the Hearing Officer
may impose conditions deemed necessary to implement the General Plan, and the
Municipal Code standards that apply to development and to further the public health,
safety, and general welfare of the community.
20.60.050 — Zoning Administrator
A. Appointment. The Director shall appoint a qualified Department staff member to serve
as the Zoning Administrator who shall serve at the discretion of the Director.
B. Duties and functions.
The Zoning Administrator shall have the authority to investigate and make
decisions on the applications identified in Table 5-1 (Review Authority) in
compliance with this Zoning Code and the Municipal Code as well as the
following:
a. Condominium conversions involving 4 or fewer units, through the
approval of a tentative parcel map, in compliance with Title 19
(Subdivisions);
b. Lot line adjustments, in compliance with Title 19 (Subdivisions);
C. Tentative parcel maps, in compliance with Title 19 (Subdivisions); and
d. Merger of contiguous lots in compliance with Title 19 (Subdivisions).
2. The primary role of the Zoning Administrator is to make decisions on applications
in compliance with this Zoning Code and Title 19 (Subdivisions).
3. The above listed duties and functions shall be performed in compliance with
Section 20.50.020 (Authority for Land Use and Zoning Decisions).
C. Imposition of conditions. In making decisions on applications, the Zoning
Administrator may impose conditions it deems necessary to implement the General
Plan, and the Municipal Code standards that apply to development and to further the
public health, safety, and general welfare of the community.
20.60.060 — Planning Director
A. Appointment. The Director shall be appointed by the City Manager and shall serve at
the discretion of the City Manager.
B. Duties and functions. The Director shall:
Have the responsibility to perform all of the functions designated by State law;
2. Perform the duties and functions prescribed in this Zoning Code. The role of the
Director is to manage the Planning Department and make determinations on the
matters specified in this Zoning Code as "subject to the determination of the
Director."
October 2010 Newport Beach Zoning Code, Title 20
20.60
Administrative Responsibility
3. Delegate the responsibilities of the Director to Department staff as deemed
appropriate.
Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.62 — Public Hearings
Sections:
20.62.010
— Purpose
20.62.020
— Notice of Public Hearing
20.62.030
— Hearing Procedure
20.62.040
— Decision
20.62.010 — Purpose
This Chapter provides procedures for public hearings required by this Zoning Code. When a
public hearing is required, advance notice of the hearing shall be given and the hearing shall be
conducted in compliance with this Chapter.
20.62.020 — Notice of Public Hearing
This Section provides notice requirements for project applications requiring a public hearing.
A. Content of notice. Notice of a public hearing shall include all of the following applicable
information.
1. Hearing information.
a. The date, time, and place of the hearing and the name of the review
authority;
b. A brief description of the City's general procedure concerning the conduct
of hearings and decisions (e.g., the public's right to appear and be heard);
C. The phone number, street address, and website of the City, where an
interested person could call or visit to obtain additional information;
d. A statement that an interested person or authorized agent may appear
and be heard at the public hearing and the procedures for appeal; and
e. A statement that if a person challenges the subject project in court, that
person may be limited to raising only those issues that the person or
someone else speaking on their behalf, raised at the public hearing
(described in the notice) or in written correspondence delivered to the
City, at, or before, the public hearing.
2. Project information.
a. The name of the applicant;
b. The City's file number(s) assigned to the application;
C. A general explanation of the matter to be considered;
October 2010 Newport Beach Zoning Code, Title 20
20.62
Public Hearings
d. A general description, in text and/or by diagram, of the location of the
property that is the subject of the hearing; and
e. If a Negative Declaration or Environmental Impact Report has been
prepared for the project in compliance with the California Environmental
Quality Act (CEQA) and the local CEQA guidelines, the hearing notice
shall include a statement that the review authority will also consider
approval or recommend approval of the Negative Declaration or
certification of the Environmental Impact Report.
B. Method of notice distribution. Notice of a public hearing required by this Zoning Code
shall be given as specified below.
1. Publication. Notice for all matters shall be published at least once in a
newspaper of general circulation in the City at least 10 days before the
scheduled hearing.
2. Mailing. Notice shall be mailed or delivered at least 10 days before the
scheduled hearing to all of the following:
a. Project site owners and applicant. The owners of the property being
considered in the application, or the owners' agent, and the applicant or
the applicant's agent;
b. Local agencies. Each local agency expected to provide schools, water,
or other essential facilities or services to the project, whose ability to
provide the facilities and services may be significantly affected;
C. Nearby property owners. All owners of property located within a 300 -
foot radius, excluding intervening rights-of-way and waterways, of the
exterior boundaries of the subject lot, as shown on the last equalized
assessment roll or, alternatively, from other records that contain more
recent addresses. It shall be the responsibility of the applicant to obtain
and provide to the Department the names and addresses of all owners
required by this Section;
d. Persons requesting notice. A person who has filed a written request for
notice with the Director and has paid the required fee for the notice; and
3. Posting of a sign and notice. Notice shall be posted on or close to the subject
property in a prominent location at least 10 days before the scheduled public
hearing in the following manner:
a. One or more signs shall be posted as determined by the Director.
b. The size and location of the sign(s) shall be as determined by the
Director.
C. The project applicant shall be responsible for maintaining the sign(s) in a
satisfactory condition.
Newport Beach Zoning Code, Title 20 October 2010
Public Hearings
20.62
d. The project applicant shall remove all sign(s) at the end of the appeal
period.
4. Alternative to mailing. If the number of property owners to whom notice would
be mailed in compliance with Subparagraph B. 2. c., above, is more than 1,000,
the Director may choose to provide the alternative notice specified by State law.
5. Failure to receive notice. The failure of any person or entity to receive notice
given in compliance with this Section shall not invalidate the actions of the
applicable review authority.
20.62.030 — Hearing Procedure
A. Time and place of hearing. A hearing shall be held at the date, time, and place for
which notice was given.
B. Continued hearing. A hearing may be continued without further notice, provided the
official or chair of the review authority announces the date, time, and place to which the
hearing will be continued before the adjournment or recess of the hearing.
C. Deferral of final decision. The review authority may announce a tentative decision,
and defer their action on a final decision until appropriate findings and/or conditions of
approval have been prepared.
20.62.040 — Decision
A. Decision.
1. The review authority may announce and record their decision on the matter being
considered at the conclusion of a scheduled hearing, or defer action and
continue the matter to a later meeting in compliance with Section 20.62.030
(Hearing Procedure), above.
2. The Director or Zoning Administrator, as applicable, may instead refer the matter
to the Commission for a decision.
B. Effective date of decision.
1. The decision of the applicable review authority is final and effective at the end of
the appeal period.
2. The decision of the Council shall be final on the date the decision is made unless
otherwise specified in the adopting ordinance or resolution.
October 2010 Newport Beach Zoning Code, Title 20
20.62
Public Hearings
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Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.64 — Appeals
Sections:
20.64.010 — Purpose
20.64.020 — Appeals
20.64.030 — Filing and Processing of Appeals
20.64.040 — Judicial Review of City Decision
20.64.010 — Purpose
The purpose of this Chapter is to provide procedures for the appeal of determinations and
decisions of the Director, Zoning Administrator, Hearing Officers, and Planning Commission.
20.64.020 — Appeals
A. Director. Interpretations of the Director may be appealed to the Planning Commission.
B. Zoning Administrator. Decisions of the Zoning Administrator may be appealed to the
Planning Commission.
C. Hearing Officer. Decisions of a Hearing Officer may be appealed to the Council.
D. Planning Commission. Decisions of the Commission may be appealed to the Council.
20.64.030 — Filing and Processing of Appeals
A. Eligibility. Appeals may be initiated by any interested party.
B. Timing and form of appeal. An appeal shall be submitted in writing and shall state the
facts and basis for the appeal.
1. Filing an appeal. An appeal shall be filed with the Director or City Clerk, as
applicable, within 14 days following the date the action or decision was rendered
unless a different period of time is specified by the Municipal Code (e.g., Title 19
allows 10 day appeal period for tentative parcel and tract maps, lot line
adjustments, or lot mergers).
a. Appeals addressed to the Commission shall be filed with the Director on
forms provided by Department; and
b. Appeals addressed to the Council shall be filed with the City Clerk on
forms provided by the Clerk.
2. Filing fee. An appeal shall be accompanied by the filing fee identified in the
City's Master Fee Schedule.
October 2010 Newport Beach Zoning Code, Title 20
20.64
C. Report, scheduling, noticing, and conduct of hearing.
Appeals
The decision from which an appeal has been made has no force of effect as of
the date on which the appeal is filed. When an appeal has been filed, the Director
shall prepare a report on the matter, including all of the application materials in
question, and schedule the matter for a public hearing by the appropriate review
authority identified in Section 20.64.020 (Appeals), above.
2. Notice of the hearing shall be provided, and the hearing shall be conducted, in
compliance with Chapter 20.62 (Public Hearings).
3. Conduct of hearing.
a. Review of an appeal from a decision of the Zoning Administrator or
Commission shall be de novo. Review of an appeal from a decision of a
Hearing Officer shall be whether the findings made by the Hearing Officer
are supported by substantial evidence presented during the evidentiary
hearing. On review, the Council may sustain, reverse, or modify the
decision of the Commission or Hearing Officer, or remand the matter for
further consideration, which remand shall include either specific issues to
be considered or a direction for a new hearing.
b. The review authority is not bound by the decision that has been appealed
or limited to the issues raised on appeal.
C. The review authority shall hear testimony of the appellant, the applicant,
and any other interested party.
d. The review authority shall consider the same application, plans, and
project related materials that were the subject of the original decision,
unless otherwise deemed relevant by the review authority.
D. Decision on appeal.
As provided in this Zoning Code, the review authority may, based upon findings
of fact about the particular case:
a. Affirm, affirm in part, or reverse the action, determination, or decision that
is the subject of the appeal. Adopted findings shall identify the reasons
for the action on the appeal;
Adopt additional conditions of approval that may address issues or
concerns other than those that were the basis of the appeal; or
C. Deny the permit approved by the previous review authority, even where
the appellant only requested a change or elimination of one or more
conditions of approval.
2. If new or different evidence is presented on appeal, the Commission or Council
may refer the matter to the previous review authority for further consideration.
Newport Beach Zoning Code, Title 20 October 2010
Appeals
20.64
3. In the event of a tie vote by the review authority on an appeal, the decision being
appealed shall stand.
20.64.040 — Judicial Review of City Decision
A person shall not seek judicial review of a City decision on a permit or other matter until all
appeals to the Commission and Council have been first exhausted in compliance with this
Chapter.
October 2010 Newport Beach Zoning Code, Title 20
20.64
Appeals
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Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.66 — Amendments
Sections:
20.66.010
— Purpose
20.66.020 — Initiation of Amendment
20.66.030
— Processing, Notice, and Hearing
20.66.040
— Commission Recommendation
20.66.050
— Council Decision
20.66.060
— Prezoning — Annexations
20.66.070
— Effective Dates
20.66.010 — Purpose
This Chapter provides procedures for the amendment of this Zoning Code (e.g., text or map).
20.66.020 — Initiation of Amendment
An amendment may be initiated in the following manner:
A. Council. By the Council, with or without a recommendation from the Commission;
B. Commission. By the Commission; or
C. Property owner(s). An amendment to the Zoning Map may also be initiated by the filing
of an amendment application with the Department by the owner(s) or authorized
agent(s) of property for which the amendment is sought. All owners or their authorized
agents shall join in filing the application.
20.66.030 — Processing, Notice, and Hearing
If initiated by the filing of an amendment application:
A. Process. The application shall be processed in compliance with Chapter 20.50 (Permit
Application Filing and Processing).
B. Notice. Notice of the public hearings shall be provided in compliance with Chapter
20.64 (Public Hearings).
C. Hearing.
1. The applicable review authority shall conduct one or more public hearings
regarding the amendment.
2. The public hearings shall be conducted in compliance with Chapter 20.62 (Public
Hearings).
October 2010 Newport Beach Zoning Code, Title 20
20.66
20.66.040 — Commission Recommendation
Amendments
The Commission shall recommend approval, approval with modifications, or denial of the
amendment to the Council.
A. Action by the Commission.
If approved or approved with changes, the Commission shall make and file a
report of its findings and recommendations with the Council.
2. Failure of the Commission to take action on the proposed amendment shall be
deemed to be denial of the proposed amendment by the Commission.
B. Denial by the Commission. If the proposed amendment is denied by the Commission,
no further action shall be taken, unless appealed to the Council in compliance with
Chapter 20.64 (Appeals).
20.66.050 — Council Decision
A. Time of hearing. The decision of the Council shall be rendered within 60 days after the
receipt of a report and recommendation of approval from the Commission or within 60
days after the filing of an appeal of the Commission's action to deny the amendment.
B. Notice of appeal. Notice shall be given to the Commission of the appeal, and the
Commission shall submit a report of its findings and recommendations to the Council
specifying the reasons for the Commission's decision.
C. Council's decision. Upon receipt of the Commission's recommendation, the Council
shall conduct a public hearing and either approve, approve in modified form, or deny the
proposed amendment.
D. Referral.
If the Council proposes to adopt a substantial change to the amendment not
previously considered by the Commission, the proposed change shall be first
referred to the Commission for its recommendation.
2. Failure of the Commission to take action on the proposed change within 45 days
shall be deemed to be approval of the proposed change by the Commission.
20.66.060 — Prezoning — Annexations
A. Prezoning required. Before the annexation to the City of any property, the sponsor of
an annexation shall file an application for prezoning of the subject property to be
annexed and the City shall establish the zoning that will be in effect on the effective date
of the annexation.
B. Same as Zoning Code amendments. The process for prezoning property to be
annexed to the City shall be the same as is specified in this Chapter for Zoning Code
amendments.
Newport Beach Zoning Code, Title 20 October 2010
Amendments
20.66
C. Compliance required. The zoning shall be in compliance with the General Plan and
any applicable specific plan.
20.66.070 — Effective Dates
An amendment to this Zoning Code shall become effective 30 days after approval by the City,
or as stated in the adopting ordinance.
October 2010 Newport Beach Zoning Code, Title 20
20.66
Amendments
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Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.68 — Enforcement
Sections:
20.68.010
— Purpose
20.68.020
— Permits and Approvals
20.68.030 — Inspections
20.68.040
— Initial Enforcement Action
20.68.050
— Legal Remedies
20.68.060
— Additional Permit Fees
20.68.070
— Reinspection Fees
20.68.010 — Purpose
This Chapter establishes provisions that are intended to ensure compliance with the
requirements of this Zoning Code and any conditions of a planning permit or approval, to
promote the City's planning efforts, and for the protection of the public health, safety, and
welfare of the City. However, nothing contained within this Chapter shall prohibit the City from
taking or initiating any other enforcement actions as provided for by this Code or other
applicable law.
20.68.020 — Permits and Approvals
A. Compliance with Zoning Code. All departments, officials, and employees of the City
who are assigned the authority or duty to issue approvals or permits shall only do so in
compliance with the provisions of this Zoning Code.
B. Permits deemed void. An approval or permit issued in conflict with the provisions of
this Zoning Code shall be deemed void.
20.68.030 — Inspections
A. Pre -approval inspections.
Every applicant seeking a permit or any other action in compliance with this
Zoning Code shall allow the City officials handling the application access to any
premises or property that is the subject of the application.
2. Denial of access to conduct a pre -approval inspection may be independent
grounds for denial.
B. Post -approval inspections.
If the permit or other action is approved in compliance with this Zoning Code, the
owner or applicant shall allow appropriate City officials access to all
nonresidential structures in order to determine continued compliance with the
approved permit and/or any conditions of approval imposed on the permit.
2. Denial of access to conduct a post -approval inspection may be independent
grounds for revocation.
October 2010 Newport Beach Zoning Code, Title 201M
N=
20.68.040 — Initial Enforcement Action
Enforcement
This Section describes the procedures for initiating enforcement action in cases where the
Director has determined that real property within the City is being used, maintained, or allowed
to exist in violation of the provisions of this Zoning Code.
A. Objective of procedures. It is the objective of these procedures to encourage the
voluntary cooperation of responsible parties in the prompt correction of violations, so that
the other enforcement measures provided by this Chapter or other applicable law may
be avoided.
B. Procedures are not exclusive. These procedures are not exclusive, and other
enforcement procedures may be employed by the Director after or instead of these
procedures where the Director determines that this Chapter would be ineffective in
securing the correction of the violation(s) within a reasonable time.
C. Notice of Violation. The Director shall provide the record owner of the subject site and
any person in possession or control of the site with a written Notice of Violation that shall
include the following information:
A description of each violation and citations of applicable Zoning Code provisions
being violated;
2. A time limit for correcting the violation;
3. A statement that the City may charge the property owner for all administrative
costs associated with the abatement of the violations; and
4. A statement that the property owner may request and be provided a meeting with
the Director to discuss possible methods and time limits for the correction of the
violations.
20.68.050 — Legal Remedies
A. Municipal Code Title 1. The City may choose to undertake any one or all of the
following actions to correct and/or abate any nuisances or violations of this Zoning Code
or as provided in the enforcement provisions specified in Municipal Code Title 1
(General Provisions).
B. Revocations or changes. Any real property found to be used, maintained, or allowed
to exist in violation of any permit(s) or Variance(s) approved by the City may subject the
permit(s) and/or Variance(s) to revocation or change proceedings in compliance with this
Subsection.
Revocations. The City's action to revoke a permit or Variance shall have the
effect of terminating the permit or Variance and disapproving the privileges
granted by the original approval.
2. Changes. The City's action to change or add any conditions attached to a permit
or Variance instead of revoking it may include any aspect of the project, including
buffers, duration of the permit or entitlement, hours of operation, landscaping and
i Newport Beach Zoning Code, Title 20 October 2010
NW
Enforcement
maintenance, lighting, parking, performance guarantees, property maintenance,
signs, surfacing, traffic circulation, or any other aspect/condition determined to be
necessary to ensure that the permit or Variance is operated or implemented in a
manner consistent with the original findings for approval.
3. Hearings and notice.
a. The original review authority for a permit or Variance shall hold a public
hearing to consider the revocation or change to the permit or Variance.
Ten days before the public hearing, notice shall be mailed or delivered in
writing to the applicant for the permit or Variance being considered for
revocation or change, and owner of the property for which the permit or
Variance was granted. The only exception to the 10 -day notice provision
shall be for Limited Term Permits that, because of their short-term nature,
shall only require a 24-hour notice.
4. Review authority's action. A permit or Variance may be revoked or modified by
the original review authority, if the review authority first makes any one of the
following findings:
a. The permit or approval was issued in error or circumstances under which
the permit or approval was granted have been modified to an extent that
one or more of the findings that justified the original approval can no
longer be made and the public health, safety, and welfare require the
revocation or modifications;
The permit or approval was granted, in whole or in part, on the basis of a
misrepresentation or omission of a material statement in the application,
or in the applicant's testimony presented during the public hearing, for the
permit or approval;
C. One or more of the conditions of the permit or approval have not been
substantially fulfilled or have been violated;
d. An improvement authorized in compliance with the permit or approval is
in violation of any applicable code, law, ordinance, regulation, or statute;
or
e. The improvement/use allowed by the permit or approval has become
detrimental to the public health, safety, or welfare or the manner of
operation constitutes or is creating a nuisance.
20.68.060 — Additional Permit Fees
A person who establishes a land use, or alters, constructs, demolishes, enlarges, erects,
maintains, or moves any structure without first obtaining a permit or approval required by this
Zoning Code, shall pay the additional permit fees established by the City's Master Fee Schedule
for the correction of the violations, before being granted a permit or approval for a use or
structure on the site.
October 2010 Newport Beach Zoning Code, Title 20
N=
20.68.070 — Reinspection Fees
A. Amount and applicability of reinspection fee.
Enforcement
A reinspection fee shall be imposed on each person who receives a Notice of
Violation, notice and order, or letter of correction of any provision of this Zoning
Code or the Municipal Code, adopted Building Code, or State law.
a. The fee amount shall be established by the City's Master Fee Schedule.
b. The fee may be assessed for each inspection or reinspection conducted
when the particular violation for which an inspection or reinspection is
scheduled is not fully abated or corrected as directed by, and within the
time and manner specified in, the notice or letter.
2. The fee shall not apply to the original inspection to document the violations and
shall not apply to the first scheduled compliance inspection made after the
issuance of a notice or letter, whether or not the correction has been made.
B. Continuation of the original case.
If a notice or letter has been previously issued for the same violation and the
property has been in compliance with the provisions of this Zoning Code, the
Municipal Code, or any permit or approval issued in compliance with this Zoning
Code for less than 180 consecutive days, the violation shall be deemed a
continuation of the original case, and all inspections or reinspections, including
the first inspection for the repeated offense, shall be charged a reinspection fee.
2. This fee is intended to compensate for administrative costs for unnecessary City
inspections, and is not a penalty for violating this Zoning Code or the Municipal
Code.
3. The reinspection fees imposed shall be separate and apart from any fines or
penalties imposed for violation of this Zoning Code in compliance with Municipal
Code Sections 1.04.010 (Violations, Penalties and Enforcement) and 1.05.020
(Authority and Fines), or costs incurred by the City for the abatement of a public
nuisance.
Newport Beach Zoning Code, Title 20 October 2010
Part 7
Definitions
Table of Contents
Chapter20.70 — Definitions.................................................................................................. 7-3
20.70.010 — Purpose of Part................................................................................................7-3
20.70.020 — Definitions of Specialized Terms and Phrases..................................................7-3
"A„ Definitions......................................................................................................................7-3
"B„ Definitions....................................................................................................................7-10
"C„ Definitions....................................................................................................................7-12
"D„ Definitions....................................................................................................................7-15
"E„ Definitions....................................................................................................................7-19
"F„ Definitions.....................................................................................................................7-22
"G„ Definitions....................................................................................................................7-24
"H„ Definitions....................................................................................................................7-25
"I„ Definitions......................................................................................................................7-26
"J„ Definitions.....................................................................................................................7-27
"K„ Definitions....................................................................................................................7-27
"L„ Definitions.....................................................................................................................7-27
"M„ Definitions....................................................................................................................7-30
"N„ Definitions....................................................................................................................7-33
"0" Definitions....................................................................................................................7-35
"P„ Definitions....................................................................................................................7-36
"Q„ Definitions....................................................................................................................7-40
"R„ Definitions....................................................................................................................7-40
"S„ Definitions....................................................................................................................7-44
"T„ Definitions.....................................................................................................................7-48
"U„ Definitions....................................................................................................................7-49
"V„ Definitions....................................................................................................................7-50
"W„ Definitions...................................................................................................................7-53
"X„ Definitions....................................................................................................................7-53
"Y„ Definitions....................................................................................................................7-53
"Z„ Definitions.....................................................................................................................7-54
October 2010 Newport Beach Zoning Code, Title 20
Part 7 — Definitions
List of Figures
Figure7-1 - Lot Types........................................................................................................7-29
Figure7-2 - Setbacks.........................................................................................................7-45
Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.70 — Definitions
Sections:
20.70.010 — Purpose of Part
20.70.020 — Definitions of Specialized Terms and Phrases
20.70.010 —Purpose of Part
This Part provides definitions of terms and phrases used in this Zoning Code that are technical
or specialized, or that may not reflect common usage. If the definitions in this Part conflict with
definitions in other provisions of the Municipal Code, these definitions shall control for the
purposes of this Zoning Code. If a word is not defined in this Part, or elsewhere in this Zoning
Code, the most common dictionary definition is presumed to be correct.
As used in this Zoning Code, the following terms and phrases shall have the meaning ascribed
to them in this Part, unless the context in which they are used clearly requires otherwise.
20.70.020 — Definitions of Specialized Terms and Phrases
"A" Definitions
Abandon. To cease or suspend from developing or maintaining a structure or use for a stated
period of time.
ABC. See "Alcoholic Beverage Control."
Abutting/adjoining. Contiguous to. Having district boundaries or lot lines in common (i.e., not
separated by an alley, public or private right-of-way, or street). See "Adjacent."
Access. A safe, adequate, and usable way of approaching or entering a property or use,
including ingress (the right to enter) and egress (the right to exit).
Accessory Dwelling Unit (Land Use). See "Dwelling Unit, Senior Accessory."
Accessory Structure (Land Use).
Nonresidential Accessory Structure. An attached or detached structure that is a part
of, and clearly incidental and secondary to, a nonresidential structure and that does not
change the character of the nonresidential structure. Illustrative examples of these
structures include:
• decks
• fences
• garages
October 2010 Newport Beach Zoning Code, Title 20
20.70
Definitions
• gazebos
• kiosks and carts for selling beverages, food, clothing, phones, toys, etc.
• outdoor fireplaces
• outdoor kitchens
• outdoor play equipment
• patios
• platforms
• porches
• refuse collection structures/trash enclosures
• spas and hot tubs
• storage or work sheds
• swimming pools
• tennis and other on-site sport courts
• terraces
• walls
• workshops
Residential Accessory Structure. An attached or detached structure that is a part of,
and clearly incidental and secondary to, a residence and that does not change the
character of the residential structure. Does not include granny units (see "Accessory
Dwelling Units"). Illustrative examples of these structures include:
• carports
• decks
• fences
• fireplaces and fire pits
• garages
• gazebos
• greenhouses (noncommercial)
• outdoor play equipment
• patios
• platforms
• porches
• spas and hot tubs
• storage or work sheds
• studios
• swimming pools
• tennis and other on-site sport courts
• terraces
• walls
• workshops
M Newport Beach Zoning Code, Title 20 October 2010
Definitions
Accessory Use (Land Use).
20.70
Nonresidential Accessory Use. A use that is at all times a part of, and clearly
incidental and secondary to, a principal use; that does not change the character of the
nonresidential use; and that does not necessitate an increase in required number of
parking spaces. Includes the retail sales of various products or the provision of services
in a defined area that is located within a health care, hotel, office, or industrial complex
for the purpose of serving employees or customers; and that is typically not visible from
public streets. Does not include Accessory Alcohol Sales, Off -Sale or On -Sale (see
"Alcohol Sales"). Illustrative examples of these uses include:
• ATMS
• child day care
• dry cleaning (collection/pick-up only)
• food service establishments
• gift shops
• newsstands
• pharmacies
• travel services
• vending machines
• personal service, general
Residential Accessory Use. A use that is a part of, and clearly incidental and
secondary to, a residence; located on the same lot as a residence; and that does not
change the character of the residential use. Illustrative examples of these uses include:
• home occupations
• personal property sales (i.e., garage or yard sales)
Adjacent. The condition of being near to, or close to, but not having a common boundary or
dividing line. Properties that are separated by a public access easement, alley, public or private
right-of-way, street (other than arterial highways or commuter roadways identified in the
Circulation Element of the General Plan), or by a creek, river, stream, or other natural or artificial
waterway shall be considered as adjacent to one another. See "Abutting/adjoining."
Adjoining. See "Abutting/adjoining."
Adult Day Care (Land Use). See "Day Care."
Adult -Oriented Businesses (Land Use). See Municipal Code Chapter 5.96 (Adult -Oriented
Business).
Affordable Housing Agreement. An agreement entered into between the City and a developer
that restricts the rental or sale of affordable units to very low- income, low-income, and/or
moderate -income households. See "Very Low Income Household," "Low Income Household,"
and "Moderate Income Household."
Affordable Housing Cost. For purposes of Chapter 20.32 (Density Bonus), see California
Health and Safety Code Section 50052.5.
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
Affordable Housing Implementation Plan (AHIP). A plan that specifies how a new residential
development project will meet the City's affordable housing goal as stated in the Housing
Element of the General Plan. An AHIP indicates what proportion of the total number of housing
units in a new residential development project are affordable to very low-income, low-income,
and moderate -income households. See "Very Low Income Household," "Low Income
Household," and "Moderate Income Household."
Affordable Rent. For purposes of Chapter 20.32 (Density Bonus), see California Health and
Safety Code Section 50053.
Affordable Unit. An ownership or rental housing unit, including senior housing, affordable to
very low-income, low-income, and moderate -income households. See "Very Low Income
Household," "Low Income Household," and "Moderate Income Household."
Agent. A person authorized in writing by the property owner to represent and act for a property
owner in contacts with City employees, committees, Commissions, and the Council, regarding
matters regulated by this Zoning Code.
Airport Area. An area of the City that encompasses the properties adjacent to John Wayne
Airport (JWA) and that is in close proximity to the Irvine Business Complex and University of
California, Irvine as depicted on General Plan Figure LU22 (Airport Area).
Alcohol Sales, Off -Sale (Land Use). An establishment that sells, serves, or gives away
alcoholic beverages for consumption off the premises and that is applying for or has obtained an
ABC License Type 20 (off -sale beer & wine -package store) or License Type 21 (off -sale
general -package store). The establishment shall include any immediately adjacent area that is
owned, leased, rented, or controlled by the licensee. Does not include an establishment that
sells alcoholic beverages as an accessory line of merchandise. See "Alcohol Sales, Off -Sale,
Accessory Only."
Alcohol Sales, Off -Sale, Accessory Only (Land Use). An establishment that has all of the
following characteristics:
1) Alcoholic beverages will be or are sold, served, or given away for consumption
off the premises where sold, served, or given away;
2) The establishment is applying for or has obtained an ABC License Type 20 (off -
sale beer & wine - package store) or License Type 21 (off -sale general - package
store); and
3) The sale of alcoholic beverages is accessory to the retail sale of food products
and the display area for alcoholic beverages does not exceed 30 percent of the
net floor area of the use. Illustrative examples include convenience markets, drug
stores, grocery stores, and supermarkets, but do not include convenience
markets.
M Newport Beach Zoning Code, Title 20 October 2010
Definitions 20.70
Alcohol Sales, On -Sale. An establishment that sells, serves, or gives away alcoholic
beverages for consumption on the premises and that is applying for or has obtained any ABC
Licenses for on-site consumption. The establishment shall include any immediately adjacent
area that is owned, leased, or rented, or controlled by the licensee. May include "Bars, Lounges,
and Nightclubs," "Eating and Drinking Establishments," or "Alcohol Sales, On -Sale, Accessory
Only."
Alcohol Sales, On -Sale, Accessory Only (Land Use). An establishment that has all of the
following characteristics:
1) Alcoholic beverages will be or are sold, served, given away for consumption on-
site;
2) The establishment is applying for or has obtained a restricted license, seasonal
license, or similar special purpose license (e.g., ABC License Type 51 (Club);
ABC License Type 57 (Special On -Sale General); ABC License Type 60 (On -
Sale Beer — Seasonal), etc.); and
3) The sale of alcoholic beverages is only accessory to a commercial recreation
use. Illustrative examples include snack bars and concession stands at
recreation facilities.
4) Not more than 30 percent of the net floor area of the primary use is dedicated to
alcohol sales/display.
Alcoholic Beverage. A fermented or distilled beverage including alcohol, spirits, liquor, wine,
beer, and every other liquid or solid containing alcohol, spirits, wine or beer that contains one
half of one percent or more of alcohol by volume and that is fit for beverage purposes either
alone or when diluted, mixed, or combined with other substances.
Alcoholic Beverage Control (ABC). California State Department of Alcoholic Beverage
Control.
Alley. A public or private roadway or easement, generally not more than 30 feet wide, that
provides vehicle access to the rear or side of lots having other public street frontage and that is
not intended for general traffic circulation.
Allowed Use. A use of land identified by Part 2 (Zoning Districts, Allowable Land Uses, and
Zoning District Standards) as a permitted or conditional use that may be established subject to
compliance with applicable provisions of this Zoning Code.
Alteration. A change, addition, or modification in construction or occupancy of an existing
structure.
Alteration, Structural. A change or replacement in the supporting members of a structure (e.g.,
bearing walls, columns, beams, girders, foundations, etc.).
Alternative Transportation Modes. A mode of travel that serves as an alternative to the
single -occupant motor vehicle (e.g., carpooling, ridesharing, vanpooling, public transit, bicycling,
walking, etc.).
October 2010 Newport Beach Zoning Code, Title 20
20.70
Definitions
Ambulance Services (Land Use). A privately -owned facility for the dispatch, storage, and
minor maintenance of emergency medical care vehicles.
Animal -Keeping (Land Use).
Animal, Domestic Pet. A type of animal that is customarily kept by humans for
companionship and that lives in or near human habitation (e.g., cats, dogs, gerbils,
hamsters, guinea pigs, rabbits, nonpoisonous reptiles and snakes, etc.). Includes pot-
bellied pigs.
Animal, Domestic Farm. An animal, other than a household pet, that is customarily
considered to be livestock and is kept for noncommercial education or recreation
purposes (e.g., fowl, goats, pigs, sheep, horses, cattle, etc.). Does not include pot-
bellied pigs.
Animal, Wild. An animal that is not customarily confined or cultivated by man for
domestic or commercial purposes but kept for display. Includes an animal that may be
imported, transported, or possessed only by first obtaining a California Department of
Fish and Game Permit, as required in California Code of Regulations Title 14, Section
671 (Importation, Transportation and Possession of Live Restricted Animals).
Animal Sales and Services (Land Use).
Animal Boarding/Kennel. An establishment where more than 3 dogs over the age of
four months, 3 cats over the age of four months, or three other animals are treated,
conditioned, boarded, raised, or offered for sale for any form of compensation including
donations by a person or entity. See Municipal Code Chapter 7.35 (Regulation of
Kennels).
Animal Grooming. An establishment that bathes, clips, or combs animals for the
purpose of enhancing their aesthetic value or health.
Animal Retail Sales. Retail sales and boarding of animals offered for sale.
Veterinary Service. An establishment where veterinarians provide medical and surgical
treatment to animals and accessory boarding services.
Antenna. A device used to transmit and/or receive radio or electromagnetic waves between
earth and/or satellite -based systems (e.g., reflecting discs, panels, microwave dishes, whip
antennas, antennas, etc.)
Amateur Radio Antennas. An antenna that is used for the purpose of transmitting and
receiving radio signals in conjunction with an amateur radio station licensed by the
Federal Communications Commission.
Antenna Structure. A supporting mast or tower for an antenna.
Mast. A pole of wood or metal used to support an amateur radio antenna and maintain it
at the proper elevation.
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Satellite Dish Antenna. A parabolic and/or disk shaped antenna of either solid or mesh
construction, intended for the purposes of receiving communications from an orbiting
satellite, transceiving or transmitting signals or communications to a satellite, as well as
supporting equipment necessary to install or mount the antenna.
Whip Antenna. An antenna, consisting of a single, slender, rod-like element less than 1
wavelength long, that is supported only at or near its base.
Apartment. One or more rooms of a structure designed for and rented as the home, residence,
or sleeping place of one or more persons living as a Single Housekeeping Unit, in a structure
containing at least 5 units used for the same purpose, all under one ownership. See "Dwelling,
Multi -Unit."
Applicant. Owner(s) or owner -authorized lessee(s) of property, or prospective
owner(s)/lessee(s) who have contracted to purchase or lease property contingent upon their
ability to acquire the necessary permits, or their agent(s) (see "Agent"), or who are seeking to
obtain a development permit. This term includes the successor(s)-in-interest.
Area Median Income. The median income, adjusted for family size, applicable to Orange
County, established by the U.S. Department of Housing and Urban Development, and published
annually by the California Department of Community Development in the California Code of
Regulations, Title 25, Section 6932 (or its successor provision).
Area, Net Public. The total area used to serve customers, including customer sales and display
areas, customer seating areas, service counters, and service queue and waiting areas, but
excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by
the employees of the establishment.
Artist's Studio (Land Use). Work space for artists and artisans, including individuals practicing
one of the fine arts, or skilled in an applied art or craft, and producing custom-made works.
Does not include handicraft industries (see "Handicraft Industries").
Assembly/Meeting Facilities, Public or Private (Land Use). A facility for public or private
assembly and meetings. May include incidental serving of alcoholic beverages. Illustrative
examples of these uses include:
• banquet rooms
• civic and private auditoriums
• community centers
• conference/convention facilities
• meeting halls for clubs and other membership organizations
• places of worship, including limited associated accessory uses (i.e., religious school
activities that are not full-time and residences for clergy (see "Caretaker Residence"),
and excluding schools with regular daily sessions
• sports stadiums and arenas
• yacht clubs
Also includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage,
etc.) Does not include conference and meeting rooms that are accessory and incidental to
another principal use and typically used only by on-site employees and clients, and that occupy
less floor area on the site than the principal use they support. Does not include sports or other
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
commercial entertainment facilities (see Commercial Entertainment and Recreation"). Does not
include funeral homes and mortuaries (see "Funerals Homes and Mortuaries"). Related on-site
facilities including day care centers and schools are separately defined (see "Day Care,
General" and "Schools, Public and Private").
ATM (Automated Teller Machine) (Land Use). An automated device used by the public to
conduct banking and financial transactions electronically (i.e., withdrawing cash from, or
depositing cash or checks into, a bank, savings, credit union, credit card or similar account).
Does not apply to retail point-of-sale transactions within a fully enclosed structure.
Attic. An unfinished enclosed area that is not habitable and that is located between roof framing
and the adjacent ceiling/side walls of immediately adjacent habitable rooms. Sometimes used
for storage or mechanical equipment.
Awning. An ornamental roof -like cover that is attached to the side or wall of a structure and
projects over a window, doorway, or pedestrian walkway for protection from the sun or weather
(see "Canopy" and "Patio Cover").
"B" Definitions
Balcony. A platform that projects from the wall of a structure, typically above the first level; is
not supported by columns or pillars; and is surrounded by a rail or parapet. See "Deck."
Bar. See "Eating and Drinking Establishments."
Basement.
Subterranean Basement. That portion of a building located below grade, provided the
finished floor above is not more than 8 inches above grade at any point.
Daylight Basement. That portion of a building that is partly below grade, but with the
finished floor above more than 8 inches above grade at any point. Also includes a "walk-
out" basement, which provides access from the basement to the outside.
Bay Window. A window or series of windows that project outward from a wall of a structure
forming a bay or alcove in a room within. This definition includes bow, oriel, greenhouse, and
similar projecting windows.
Beach. The expanse of sand, gravel, cobble, or other loose material that extends landward from
the mean low water line to the place where there is distinguishable change in physiographic
beach form, or to the line of permanent vegetation. The seaward limit of a beach (unless
specified otherwise) is the mean low water line.
Bed and Breakfast Inns. See "Visitor Accommodations."
Bedroom. An enclosed space in a structure that is designed to be used for sleeping purposes;
that meets the room dimension requirements of the most recent edition of the California Building
Code; that is not accessed directly from the garage; and that has one or more windows.
' Newport Beach Zoning Code, Title 20 October 2010
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Berm. A mound or embankment of earth. Also a nearly horizontal portion of the beach or
backshore formed by the deposit of material by wave action.
Best Management Practices (BMPs). Activities, practices, facilities, and/or procedures that
when implemented to their maximum efficiency will prevent or reduce pollutants in discharges;
and a program, technology, process, siting criteria, operational methods or measures, or
engineered system that, when implemented, prevents, controls, removes, or reduces pollution.
Examples of BMPs include public education and outreach, proper planning of development
projects, as well as stormwater treatment and detention facilities.
Block. An area of land that is bounded on all sides by streets, or by streets and a beach or
bulkhead, or by streets and a cul-de-sac or by another form of termination of the street.
Bluff. A high bank or bold headland that slopes down to a body of water or a plain. A bluff may
consist of a gently sloping upper area and a steeper lower area.
Bluff Edge. The upper termination of a bluff. In cases where the top edge of the bluff is
rounded away from the face of the bluff as a result of erosional processes related to the
presence of the steep bluff face, the bluff edge shall be defined as that point nearest the
bluff beyond which the downward gradient of the surface increases more or less
continuously until it reaches the general gradient of the bluff. In a case where there is a
step like feature at the top of the bluff face, the landward edge of the topmost riser shall
be taken to be the bluff edge. Bluff edges typically retreat landward due to erosion,
landslides, development of gullies, or by grading (cut). In areas where the bluff top or
bluff face has been cut or notched by grading, the bluff edge shall be the landward most
position of either the current of historic bluff edge. In areas where fill has been placed
near or over the historic bluff edge, the original natural bluff edge, even if buried
beneath fill, shall be taken to be the bluff edge.
Bluff Face. The downward gradient of a bluff surface between the bluff edge and the
toe of the bluff.
Bluff Toe. For bluffs subject to marine erosion, the point at which the landward extent of
the mean high water line of the sea meets the face of the bluff. For bluffs not subject to
marine erosion, the point where the downward slope of the bluff face first decreases to a
grade of less than 33%.
Boarding or Rooming House. A residence or dwelling unit, or part thereof, wherein a room or
rooms are rented under 2 or more separate written or oral rental agreements, leases or
subleases or combination thereof, whether or not the owner, agent or rental manager resides
within the residence. See "Group Residential."
Boat Rentals and Sales. See "Marine Rentals and Sales."
Boat Storage. See "Marine Services."
Boat Yard. See "Marine Services."
Buildable Area. The area of a development site, excluding the minimum front, side, and rear
setback areas as applied to residential properties only.
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Building. A structure having a roof supported by columns or walls for the housing or enclosure
of persons, animals, chattels, or property of any kind. See "Structure."
Building Code. Municipal Code Title 15 (Buildings and Construction).
Building Materials and Services (Land Use). Retailing or wholesaling of building supplies or
equipment (e.g., fixtures, glass, lawn and garden supplies, lumber, nursery stock, paint, tools,
wallpaper, etc.) where the majority of display, sales, and storage activities occur indoors. Rental
activities are incidental to the sales activities. Does not include "Contractor's Storage Yards,"
"Retail Sales, General," or "Wholesaling."
Building Site. A lot and/or adjoining lots that constitute a site eligible for building development
under the requirements of Municipal Code Title 19 (Subdivision Code) and this Zoning Code.
Business Park. A development that contains a number of separate office buildings, accessory
and supporting uses, and open space all designed, planned, constructed, and maintained on a
integrated and coordinated basis.
Bulk Merchandise (Land Use). See "Retail Sales."
Bulkhead. Vertical walls built into and along the Harbor shoreline to prevent the erosion of land
into the water and to protect the land from wave, tide and current action by the water, similar to
a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped
stones (riprap) or sand beach between the bulkhead and the water and land areas.
Bulkhead Line. Harbor land/water perimeter lines that are established in Newport Harbor by
the Federal government and for the purpose of defining the permitted limit of filling or solid
structures that may be constructed in the Harbor.
"C" Definitions
Calendar Day. A 24-hour time period measured from midnight to midnight.
California Environmental Quality Act (CEQA). A State law (California Public Resources Code
Section 21000 et seq.).
Canopy. A roof -like cover, supported from the ground or from the floor or walls of a structure,
for protection from the sun or weather. Does not include "Carport." See "Awning" and "Patio
Cover."
Caretaker Residence (Land Use). A permanent residence on the site of a nonresidential use.
The residence is secondary or accessory to the principal nonresidential use of the site and
houses a caretaker employed for security purposes or to provide 24-hour care or monitoring of
people, plants, animals, equipment, facilities, or other conditions on the site. Includes an official
residence maintained by a place of worship as a benefit to the spiritual leader (e.g., imam,
minister, monk, rabbi, etc.).
Carport. A structure or portion of a structure, open or enclosed by walls or doors on not more
than three sides, that is designed and intended to shelter 1 or more parking spaces.
® Newport Beach Zoning Code, Title 20 October 2010
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Carwash. See "Vehicle/Equipment Services (Land Use)."
Catering Service (Land Use). An establishment that prepares and delivers food and beverages
for off-site consumption, without facilities for on-site pick-up or consumption. See "Eating and
Drinking Establishments."
Certificate of Compliance. A certificate issued by the Director certifying that a lot was legally
created, as described in Chapter 19.80 (Certificates of Compliance) in Municipal Code Title 19
(Subdivisions).
Change of Use. A discontinuance of a use and the substitution of a different use.
Child Day Care. See "Day Care."
City. The City of Newport Beach.
City Council. The City of Newport Beach City Council.
City Manager. An individual designated by the City Council as City Manager, or a duly
designated representative of the City Manager.
Coastal Access. The ability of the public to pass from public rights-of-way to the ocean, harbor,
bay, channels, estuaries, salt marshes, sloughs, coastal blufftops, and coastal recreation areas
and trails.
Commercial Filming. Commercial motion picture or video photography at the same location
more than 6 days per quarter of a calendar year, as regulated by Municipal Code Chapter 5.46
(Regulation of Commercial Film Production).
Commercial Recreation and Entertainment (Land Use). Establishments providing participant
or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission
charge. Does not include "Adult -Oriented Businesses" or "Bars, Lounges, and Nightclubs."
Illustrative examples of commercial recreation and entertainment uses include:
• arcades or electronic games centers
having three or more coin-operated
game machines
• amusement parks
• bowling alleys
• billiard parlors
• cinemas
• golf courses
• ice/roller skating rinks
• internet cafes
• miniature golf course
• pool rooms
• scale -model courses
• sports stadiums and arenas
• tennis/racquetball courts
• theaters
Commission. The City of Newport Beach Planning Commission, referred to in this Zoning Code
as the "Commission."
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Common Interest Development. Any of the following:
1)
A community apartment project;
2)
A condominium project;
3)
A planned development; or
4)
A stock cooperative.
Common Open Space. See "Open Space."
Definitions
Communication Facility (Land Use). An establishment that provides commercial and public
communications services (e.g., radio and television broadcasting and receiving stations and
studios, etc.) with facilities contained entirely within structures. Does not include transmission
and receiving apparatus, including antennas and towers (see "Wireless Telecommunications
Facilities").
Compatibility. The characteristics of different uses or activities that permit them to be located
near each other in harmony and without conflict. Elements affecting compatibility include:
intensity of occupancy, pedestrian or vehicular traffic generated, volume of goods handled, and
environmental effects (e.g., air pollution, glare, hazardous materials, noise, vibration, etc.).
Conditional Use. A use of land identified by Part 2 (Zoning Districts, Allowable Land Uses, and
Zoning District Standards) as being allowed in a particular zoning district subject to the approval
of a Conditional Use Permit in compliance with Section 20.52.020 (Conditional Use Permits and
Minor Use Permits).
Condominium. A form of property ownership providing for individual ownership of space in a
structure together with an individual interest in the land or other parts of the structure in common
with other owners. Includes a condominium project, community apartment project, or stock
cooperative, as defined in California Civil Code Section 1351.
Condominium Project. An entire lot proposed to be used or divided, as land or
airspace, into two or more units as a condominium.
Condominium Unit. The particular area of land or airspace that is designed, intended,
or used for exclusive possession or control by individual owners or occupiers.
Congregate Care Home (Land Use). Age -segregated housing built specifically for the elderly
that provides services to its residents, the minimum of which is usually an on-site meal program,
but which may also include housekeeping, laundry, social activities, counseling, and
transportation (sometimes referred to as "assisted living facilities"). Does not include
"Convalescent Facilities."
Contour. A line on a topographic map or bathymetric (depth) chart representing points of equal
elevation with relation to a datum (point or set of points). Contour lines are usually spaced into
intervals for easier comprehension and utilization.
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Contractor's Storage Yards (Land Use). Indoor and/or outdoor storage facilities operated by,
or on behalf of, a contractor licensed by the State of California (e.g., building contractors,
landscape contractors, sign contractors, etc.) for storage of large equipment, vehicles, and/or
other materials commonly used in the individual contractor's type of business; storage of scrap
materials used for repair and maintenance of contractor's own equipment; and structures for
related offices and repair activities.
Convalescent Facility (Land Use). An establishment that provides care on a 24-hour basis for
persons requiring regular medical attention (may also be referred to as a "nursing home" or
"hospice"). Does not include facilities providing emergency medical services or surgical services
("Emergency Health Facilities," "Hospitals," or Outpatient Surgery Facilities").
Convenience Market. A retail establishment that sells prepackaged food items, beverages and
small convenience items (e.g., periodicals, tobacco, miscellaneous household and
pharmaceutical goods, etc.) primarily for off-site consumption; that typically has late hours of
operation; that is in a relatively small structure located along heavily traveled streets. This term
excludes delicatessens and other specialty food shops and establishments that carry a sizeable
assortment of fresh fruits, fresh vegetables, and fresh -cut meat or fish (see "Supermarket").
Includes an establishment located within or associated with another use (e.g., service stations).
Conversion. For the purposes of Chapter 20.34 (Conversion or Demolition of Affordable
Housing), a change of a residential dwelling, including a mobile home, to a condominium,
cooperative, or similar form of ownership; or a change of a residential dwelling, including a
mobile home, to a nonresidential use.
County. The County of Orange in the State of California.
Covered Parking Space. A parking space that is within a carport.
Cultural Institution (Land Use). A public or private institution that displays or preserves
objects of community or cultural interest in one or more of the arts or sciences. Illustrative
examples of these uses include:
• libraries
• museums
Cumulative Effect. The effect of an individual project in combination with the effects of past
projects, other current projects, and probable future projects.
"D" Definitions
Day. Unless otherwise specified, a calendar day. See "Calendar Day."
Day Care (Land Use). Nonresidential, nonmedical care and supervision of 14 or fewer persons
on a less than 24-hour basis.
Child Day Care.
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
a. Child Day Care, Small (8 or fewer children). Day care facilities located
in single -unit dwellings where an occupant of the dwelling provides care
and supervision for 8 or fewer children. Children under the age of 10
years who reside in the dwelling count as children served by the day care
facility.
b. Child Day Care, Large (9 to 14 children). Day care facilities located in
single -unit dwellings where an occupant of the dwelling provides care and
supervision for 9 to 14 children. Children under the age of 10 years who
reside in the dwelling count as children served by the day care facility.
C. 15 or more children. See "Day Care, General" for facilities serving 15 or
more children.
2. Adult Day Care.
a. Adult Day Care, Small (6 or fewer adults). Day care facilities located in
single -unit dwellings where an occupant of the dwelling provides care and
supervision for 6 or fewer adults.
b. Adult Day Care, Large (7 to 14 adults). Day care facilities located in
single -unit dwellings where an occupant of the dwelling provides care and
supervision for 7 to 14 adults.
C. 15 or more adults. See "Day Care, General" for facilities serving 15 or
more adults.
Day Care, General (Land Use). An establishment that provides nonmedical care for persons
on less than a 24-hour basis, including nursery schools, preschools, and day care centers for
children or adults. General day care establishments may be accessory to an industrial,
commercial, or institutional use.
Deck. A platform, either free-standing or attached to a structure that is supported by pillars or
posts. See "Balcony."
Dedication. The conveyance by an owner or developer of private land for public use and the
acceptance of land for public use by the governmental agency having jurisdiction over the public
function for which it will be used.
Dedication Fee, In -lieu of. Cash payments that may be required of an owner or developer as a
substitute for a dedication of land, usually calculated in dollars per lot, and referred to as "in lieu
fees" or "in lieu contributions."
Demolition.
For the purposes of Chapter 20.34 (Conversion or Demolition of Affordable Housing),
the demolition of a residential dwelling, including a mobile home, or a mobile home lot in
a mobile home park, that has not been declared to be a public nuisance under Health
and Safety Code Section 17000 et seq. or under this Zoning Code or the Municipal
Code.
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2. For the purposes of all other Sections of this Zoning Code, the deliberate removal or
destruction of the frame or foundation of a portion of a structure.
Density. The number of dwelling units per unit of land; usually density is expressed "units per
acre," or "minimum land area per unit." Thus, the density of a development of 100 units
occupying 20 acres is 5 units per acre.
Density Bonus. As defined by Government Code Section 65915 et seq., an increase over the
maximum density otherwise allowed by the applicable zoning district that is granted to the
owner/developer of a housing project who agrees to construct a prescribed percentage of
dwelling units that are affordable to very -low and low-income households. See "Very -Low
Income Household" and "Low -Income Household."
Detached Structure. See "Structure, Detached" and also "Dwelling Unit, Detached."
Development. The division of a parcel of land into two or more lots; the construction,
reconstruction, conversion, structural alteration, relocation, addition to, or enlargement of a
structure; any mining, excavation, landfill or land disturbance, and any use or enlargement of
use of land. See "Enlargement of Use."
Development Permit. Authority granted by the City to use or develop a specified site for a
particular purpose, as established by Part 5 (Planning Permit Procedures) of this Zoning Code.
Director. The City of Newport Beach Planning Director or a duly designated representative of
the Director, referred to as the "Director."
Discretionary Decision. A decision requiring the exercise of judgment, with or without
deliberation, on the part of the decision-making authority in the process of approving or
disapproving a particular activity, as distinguished from situations where the decision-making
authority merely has to determine whether there has been conformity with fixed standards or
objective measurements contained in applicable statutes, ordinances, or regulations. Examples
of discretionary permits include Minor Use Permits, Conditional Use Permits, and Limited Term
Permits. See "Ministerial Decision."
Dormer. An extension projecting from the slope of a roof usually provided with its own roof and
housing a window or series of windows. A dormer is located below the highest point of a roof.
Examples of typical dormers include eyelid or eyebrow dormers (i.e., with an arched roof that
gives it the appearance of an eyelid); gable dormers (i.e., with a gable roof); and shed dormers
(i.e., with a shed roof).
Drive -Through Facility (Land Use). Establishments that provide services accessible to
persons who remain in their motor vehicles.
Driveway. A designated passageway providing vehicular access between a street and a garage
or carport, a designated parking area, or other driveway or street. A driveway shall not be
considered a street.
Drought -tolerant. Able to remain viable during a prolonged period with less than average
precipitation.
Duplex. See "Dwelling, Two -Unit."
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
Dwelling, Multi -Unit (Land Use). A structure or development containing 3 or more dwelling
units, each of which is for occupancy by one or more persons living as a Single Housekeeping
Unit (see "Single Housekeeping Unit"). Includes: triplexes, (structures under one ownership with
3 dwelling units in the same structure), fourplexes (structures under one ownership with 4
dwelling units in the same structure) and apartments (5 or more units under one ownership in a
single structure or complex) (see "Apartments"); and common ownership, attached unit projects
including condominiums (see "Condominiums"). Also includes factory -built, modular housing
units, constructed in compliance with the California Building Code (CBC), and mobile
homes/manufactured housing units that comply with the National Manufactured Housing
Construction and Safety Standards Act of 1974, when placed on permanent foundation
systems. Does not include duplexes (see "Dwelling, Two Unit").
Dwelling, Single -Unit (Land Use). A structure containing 1 dwelling unit located on a single lot
for occupancy by one Single Housekeeping Unit (see "Single Housekeeping Unit"). Also
includes factory -built, modular housing units, constructed in compliance with the California
Building Code (CBC), and mobile homes/manufactured housing units that comply with the
National Manufactured Housing Construction and Safety Standards Act of 1974, when placed
on permanent foundation systems.
Attached Single -Unit Dwelling. A dwelling that is attached to another dwelling,
excluding accessory dwellings. Each dwelling is owned in fee, located on an individual
lot, and is joined to another dwelling along a single lot line. Each dwelling is totally
separated from the other by an unpierced wall extending from ground to roof.
Detached Single -Unit Dwelling. A dwelling that is not attached to another dwelling,
excluding an accessory dwelling unit (see "Accessory Dwelling Unit"). The dwelling is
owned in fee and is located on an individual lot.
Dwelling, Two -Unit (Land Use). A structure(s) located on a single lot and containing 2 dwelling
units, each of which is for occupancy by 1 Single Housekeeping Unit (see "Single Housekeeping
Unit"). Also includes factory -built, modular housing units, constructed in compliance with the
California Building Code (CBC), and mobile homes/manufactured housing units that comply with
the National Manufactured Housing Construction and Safety Standards Act of 1974, when
placed on permanent foundation systems.
Dwelling Unit. An area within a structure on a lot that:
Contains separate or independent living facilities for one or more persons, with area or
equipment for sleeping, sanitation and food preparation, and that has independent
exterior access to ground level; or
2. Is being utilized for residential purposes by one or more persons separately or
independently from occupants of other areas within the structure.
Facilities for food preparation. A room or part of a room used, intended, or designed
to be used for cooking or the preparation of food. The presence of a range or oven, or
utility connections suitable for servicing a range or oven, shall be considered as
establishing a kitchen. The meaning of "kitchen" shall exclude a bar or butler's pantry.
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Independent access. An arrangement of dwelling units so that each dwelling unit has
an entrance directly into the unit that is separate from the entrance into another unit.
Dwelling Unit, Senior Accessory (Land Use). A dwelling unit accessory to and attached to,
detached from, or contained within, the principal dwelling unit on a site zoned for a single-family
dwelling. The unit is intended for the sole occupancy of 1 or 2 adult persons who are 55 years of
age or older. The floor area of the unit does not exceed 640 square feet.
"E" Definitions
Easement. A grant of one or more property rights by the property owner for use by the public,
or another person or entity. Examples include right-of-way easements, utility easements, or view
easements. Typically easements are recorded against real property by an instrument or
subdivision map. See "Right -of -Way."
Eating and Drinking Establishments (Land Use). See also "Alcohol Sales, On -Sale" and
"Drive -Through Facilities."
Accessory Food Service. A type of food service establishment that:
Sells food and/or beverages as an accessory use in a retail, office, or institutional
structure;
2. Does not change the character of the principal use;
3. Does not sell, serve, or give away alcoholic beverage;
4. Does not have an entrance separate from the principal use; and
5. Has hours of operation that are the same as those of the principal use.
Bar, Lounge, and Nightclub. An establishment that sells or serves alcoholic beverages
for consumption on the premises and is holding or applying for a public premise license
from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC
License Type 42 [On Sale Beer & Wine -Public Premises], ABC License Type 48 [On
Sale General -Public Premises], and ABC License Type 61 [On Sale Beer -Public
Premises]). Persons under 21 years of age are not allowed to enter and remain on the
premises. The establishment shall include any immediately adjacent area that is owned,
leased, rented, or controlled by the licensee.
Fast Food. An establishment whose design or principal method of operation includes
four or more of the following characteristics:
A permanent menu board is provided from which to select and order food;
2. A chain or franchise restaurant;
3. Customers pay for food before consuming it;
4. A self-service condiment bar and/or drink service is/are provided;
October 2010 Newport Beach Zoning Code, Title 20
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Definitions
5. Trash receptacles are provided for self-service bussing; and
6. Furnishing plan indicates stationary seating arrangements.
A fast food establishment may or may not have late hour operations (see "Late Hour
Operations"). Alcoholic beverages are not sold, served, or given away on the premises.
If alcoholic beverages are sold, served, or given away on the premises, the use shall be
considered a food service use. See "Food Service."
Food Service, No Late Hours. An establishment that sells food and beverages,
including alcoholic beverages, prepared for primarily on-site consumption, and that has
all of the following characteristics:
Establishment DOES NOT have late hour operations (see "Late Hour
Operations");
2. Customers order food and beverages from individual menus;
3. Food and beverages are served to the customer at a fixed location (i.e., booth,
counter, or table); and
4. Customers pay for food and beverages after service and/or consumption.
Food Service, Late Hours. An establishment that sells food and beverages, including
alcoholic beverages, prepared for primarily on-site consumption, and that has all of the
following characteristics:
Establishment DOES have late hour operations (see "Late Hour Operations");
2. Customers order food and beverages from individual menus;
3. Food and beverages are served to the customer at a fixed location (i.e., booth,
counter, or table); and
4. Customers pay for food and beverages after service and/or consumption.
Late Hour Operations. Facilities that provide service after 11:00 p.m.
Outdoor Dining, Accessory. An outdoor dining area contiguous and accessory to a
food service establishment.
Take -Out Service, Limited. An establishment that sells food or beverages and that has
all of the following characteristics:
Sales are primarily for off-site consumption;
2. Customers order and pay for food at either a counter or service window;
3. Incidental seating up to 6 seats may be provided for on-site consumption of food
or beverages; and
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4. Alcoholic beverages are not sold, served, or given away on the premises.
Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream
and frozen dessert stores, small delicatessens, and similar establishments.
Take -Out Service Only. An establishment that offers a limited variety of food or
beverages and that has all of following characteristics:
Sales are for off-site consumption;
2. Seating is not provided for on-site consumption of food or beverages; and
3. Alcoholic beverages are not sold, served, or given away on the premises.
Economic Life. The period of time during which a structure may reasonably be expected to
perform the function for which it was designed or intended. For the purposes of this Zoning
Code, the economic life of a structure shall be 75 years.
Emergency Health Facility (Land Use). Establishments that provide emergency medical
service (i.e., outside normal physician office hours or before a physician appointment is
available) with no provision for overnight or continuing care on an inpatient basis. Also includes
"urgent care" facilities and walk-in clinics. Does not include hospitals (see "Hospitals").
Emergency Shelter (Land Use). As defined in Health and Safety Code Section 50801(e), a
facility with minimal supportive services for homeless persons.
Emergency Work. Work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by a natural or man-made disaster.
Encroachment. An intrusion of development on public property, on environmentally sensitive
lands, or into required setback areas.
Enlargement of Use. The expansion of a land use activity on a site or within a structure so that
the use/activity occupies more floor or site area than before the expansion.
Entertainment, Commercial. An establishment (indoors or outdoors) where entertainment is
provided for a fee for the pleasure of the patrons, either independent of or in conjunction with
another use.
Entertainment and Excursion Vessel. See ""Marine Services."
Environmental Assessment. A detailed statement that identifies the environmental effects and
considerations pertaining to a project as specified in the California Environmental Quality Act,
and may mean either a draft or a final EIR, or an Initial Study leading to a Negative Declaration.
Environmental Impact Report (EIR). An informational document used to assess the physical
characteristics of an area and to determine what effects will result if the area is altered by a
proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).
Establishment. A business.
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
Exaction. A contribution or payment required as an authorized precondition for receiving a
permit for development.
Explosives. A substance defined as an explosive by Health and Safety Code Sections 12000 et
seq., and for which a permit is required by the Health and Safety Code. See also "Hazardous
Materials."
"F" Definitions
Fair Housing Laws. The Federal Fair Housing Act, the Americans with Disabilities Act, and
California's Fair Employment and Housing Act, as each Act may be amended from time to time,
and each Act's implementing regulations.
Family. One or more persons living together as a Single Housekeeping Unit in a dwelling unit.
See "Single Housekeeping Unit".
Fast Food. See "Eating and Drinking Establishments."
Fence. A structure, solid or otherwise, that is a barrier and used as a boundary or means of
protection, confinement, or concealment. Does not include hedges, shrubs, trees, or other
natural growth.
Fill. Material (e.g., earth, clay, sand, concrete, rubble, wood chips, bark, waste, etc.), including
pilings placed for the purpose of erecting structures, that is placed, stored, or dumped upon the
surface of the ground resulting in an increase in the natural surface elevation.
Final Map. A subdivision map prepared in compliance with Subdivision Map Act, Article 2,
Chapter 2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3,
(Government Code Section 66410 et seq.) that is used to complete the subdivision of five or
more lots. See also "Parcel Map" and "Tentative Map."
Financial Institutions and Related Services (Land Use). Establishments that solicit, receive,
or accept money or its equivalent on deposit and loan money as a regular business. Typical
examples include federal or state -regulated banks, savings and loan associations, savings
banks, credit unions, and lending establishments, with automatic teller machines (ATMs) as an
accessory use. Does not include mortgage broker, accounting, financial investment, or similar
offices ("Office, Business," "Office, Corporate," or "Office, Professional").
Finding(s). The result(s) of an investigation and the basis upon which decisions are made.
Findings are used by government agents and bodies to justify action taken by the entity.
Finished Floor/Surface. The surface of a floor after the final installation or application of floor
coverings or other surfacing materials.
Finished Grade. See "Grade, Finished."
® Newport Beach Zoning Code, Title 20 October 2010
Definitions 20.70
Floor Area, Gross.
Single -Unit and Two -Unit Dwellings. For single -unit and two -unit dwellings, the
following areas shall be included in calculations of gross floor area:
a. The surrounding exterior walls; and
b. Any interior finished portion of a structure that is accessible and that
measures more than 6 feet from finished floor to ceiling.
The following areas shall be excluded:
a. Stairwells and elevator shafts above the first level.
2. Multi -unit residential, mixed-use, and nonresidential structures. For multi -unit
residential, mixed-use, and nonresidential structures, the following areas shall be
included in calculations of gross floor area:
a. The surrounding exterior walls; and
b. Any interior finished portion of a structure that is accessible and that
measures more than 4 feet from finished floor to ceiling
The following areas shall be excluded:
a. Stairwells and elevator shafts above the first level;
b. Outdoor dining areas associated with an eating and drinking
establishment, and
C. Parking structures associated with an allowed use within the same
development.
Floor Area, Net. The area included within the surrounding walls of a building, exclusive of vent
shafts, elevator shafts, stairways, exterior corridors or balconies, rooms containing only
mechanical and electrical equipment used for service of the building, utility shafts, and parking
structures.
Floor Area Ratio (FAR). The gross floor area allowed on a site divided by the total gross area
of the site, expressed in decimals. For example, on a site with 10,000 gross square feet of land
area, a floor area ratio of 1.0 will allow a maximum of 10,000 gross square feet of building floor
area to be built. On the same site, an FAR of 1.5 would allow 15,000 gross square feet of floor
area and an FAR of 0.5 would allow 5,000 gross square feet.
Floor Area Limit. The allowed gross floor area for a residential lot determined by multiplying
the allowed buildable area of the lot times the applicable multiplier for the lot as provided in
Chapter 20.18 (Residential Zoning Districts), Tables 2-2 and 2-3.
Food Processing (Land Use). Establishments engaged in the manufacturing or processing of
food or beverages for wholesale distribution.
Food Service. See "Eating and Drinking Establishments."
Fourplex. See "Dwelling, Multi -Unit."
Frontage. See "Lot Frontage."
Fuel Modification Zone. A strip of land where combustible native or ornamental vegetation
must be modified and partially or totally replaced with drought -tolerant, fire -retardant plants.
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
Funeral Homes and Mortuaries (Land Use). Establishments engaged in the provision of
service involving the care, preparation, or disposition of human dead other than in cemeteries.
May or may not include crematories and/or mortuaries. No internment is provided on site. May
include areas for assembly services and living quarters for funeral home/mortuary manager (see
"Caretaker Residence").
"G" Definitions
Garage. A structure or portion of a structure, completely enclosed by walls or doors on all sides,
that is designed or used to shelter 1 or more parking spaces. Does not include a carport (see
"Carport").
Garage, Public. See "Parking Facilities, Commercial."
Garage Sale. See "Personal Property Sales."
Garage, Storage. See "Vehicle/Equipment Services."
Gazebo. A detached, covered, freestanding, open-air structure designed for recreational use
only and not for habitation. See "Accessory Structure."
General Plan. The City of Newport Beach General Plan, and all amendments thereto, as
adopted by the City Council under the provisions of Government Code Sections 65300 et seq.,
and referred to in this Zoning Code as the "General Plan."
Governmental Facility (Land Use). A structure owned, operated, or occupied by the City or
other governmental agency to provide a governmental service to the public (e.g., city hall,
community recreation center, post office, library, etc.).
Grade, Existing. The surface of the ground or pavement at a stated location as it exists prior to
disturbance in preparation for a project.
Grade, Finished. The surface of the ground at a stated location as it exists after completion of a
project.
Grade, Natural. The unaltered natural surface of the ground at a stated location.
Granny Unit. See "Accessory Dwelling Unit."
Greenhouse Window. See "Bay Window."
Gross Floor Area. See "Floor Area, Gross."
Ground Floor. The first floor of a structure that is at ground level or street level. Does not
include a "Basement."
Group Residential. Shared living quarters, occupied by 2 or more persons not living together
as a single housekeeping unit ("Single Housekeeping Unit"). Includes, without limitation,
boarding or rooming houses (see "Boarding or Rooming Houses"), dormitories, fraternities,
M Newport Beach Zoning Code, Title 20 October 2010
Definitions
20.70
sororities, parolee -probationer homes (see "Parolee -Probationer Homes"), and private
residential clubs. Excludes residential care facilities (see "Residential Care Facilities").
"H" Definitions
Habitable Floor Area. An area that meets the requirements of the California Building Code
(CBC) for sleeping, living, cooking, or dining purposes, excluding enclosed places (e.g., closets,
bath or toilet rooms, hallways, laundries, pantries, storage spaces, utility rooms, etc.).
Handicraft Industry (Land Use). Establishments engaged in on-site production of goods by
hand involving the use of hand tools and small-scale equipment (e.g., drills and saws, hammers
and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning
wheels, etc.) and the incidental direct sale to consumers of only those goods produced on-site.
Illustrative examples of these products include:
• candles
• ceramics
• costume novelties
• jewelry
• mosaics
• musical instruments
• needlework
Harbor. See "Newport Bay."
• pottery
• quilting
• small glass, metal art, and craft
products
• sporting and athletic goods
• stained glass
• toys
• wood carving
Hazardous Materials. An injurious substance, including, but not limited to, pesticides,
herbicides, toxic metals and chemicals, liquefied natural gas, explosives, volatile chemicals,
nuclear fuels, and substances on the comprehensive master list of hazardous substances
compiled and maintained by the California Department of Health Services. See also
"Explosives."
Health/Fitness Club (Land Use).
Small. An indoor facility of 2,000 square feet or less in size where passive or active
exercises and related activities are performed using minimal muscle -building equipment
or apparatus for the purpose of physical fitness, improved circulation or flexibility, and/or
weight control. Examples of uses include Pilates, personal training, and yoga and
studios.
Large. A full service fitness center, gymnasium, or health and athletic club that is over
2,000 square feet in size and may include the following: aerobic classes and other
indoor sports activities; indoor handball, racquetball, or tennis courts; locker rooms and
showers; sauna, spa, or hot tub facilities; swimming pools, weight rooms; etc.
Hearing Officer. A person designated to conduct hearings as provided in Chapter 20.60
(Administrative Responsibility), referred to as the "Hearing Officer."
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
Hedge. A group of shrubs or trees planted in a line or in groups forming a compact, dense,
barrier that protects, shields, separates, or demarcates an area from view. For purposes of this
definition, a shrub is a perennial woody plant smaller than a tree, having multiple permanent
stems branching from or near the base and lacking a single trunk; a bush. See "Fence."
Height. A vertical dimension established and measured in compliance with Section 20.30.060
(Height Limits and Exceptions).
Heliport and Helistop (Land Use).
Heliport. An area used for the landing, parking, or takeoff of helicopters including
operations facilities (e.g., fueling, loading and unloading, maintenance, storage, terminal
facilities, etc.).
Helistop. A single pad used for the landing, parking, or takeoff of one helicopter and
other facilities as may be required by Federal and State regulations, but not including
operations facilities (e.g., fueling, loading and unloading, maintenance, storage, terminal
facilities, etc.).
Home Occupation (Land Use). The conduct of a business within a dwelling unit or residential
site occupied by a single housekeeping unit, with the business activity being incidental and
clearly accessory to the principal residential use of the property. Does not include "Residential
Care Facilities." See Section 20.48.110 (Home Occupations).
Hospital (Land Use). An establishment that provides medical, surgical, psychiatric, or
emergency medical services to sick or injured persons, on an inpatient or outpatient basis.
Includes facilities for training, research, and administrative services for patients and employees.
May include accessory pharmacy uses and food service uses. Does not include walk-in clinics
("Emergency Health Facilities").
Hotel. See "Visitor Accommodations."
"I" Definitions
Impervious surface. Any surface or material that prevents, impedes, or slows infiltration or
absorption of water directly into the ground, including buildings, asphalt, concrete, and other
surfaces that do not readily absorb water.
Individual with a Disability. As more specifically defined under the Fair Housing Laws (see
"Fair Housing Laws"), a person who has a physical or mental impairment that limits one or more
major life activities; a person who is regarded as having that type of impairment; or a person
who has a record of that type of impairment, not including current, illegal use of a controlled
substance.
Industry (Land Use). Establishments engaged in the manufacturing of finished parts or
products, either from raw materials or previously prepared materials, within an enclosed
structure. Includes processing, fabrication, assembly, treatment, testing (e.g., laboratories),
packaging, incidental office storage, sales, and distribution of the parts or products; and laundry
and dry cleaning plants. Excludes vehicle/equipment rentals ("Vehicle/Equipment Rentals"),
Newport Beach Zoning Code, Title 20 October 2010
Definitions 20.70
vehicle/equipment repair ("Vehicle/Equipment Repair"), vehicle/equipment sales
("Vehicle/Equipment Sales"), and vehicle/equipment services ("Vehicle/Equipment Services").
Small. Establishments located in facilities that are 5,000 square feet or less in size.
Large. Establishments located in facilities that are over 5,000 square feet in size.
Marine -Related. Establishments primarily engaged in the manufacture of marine -related
parts or products. Does not include "Boat Yards" (see "Marine Services").
Integral Facilities (Land Use). Any combination of two or more Residential Care (Small
Licensed, Small Unlicensed, or General) facilities that may or may not be located on the same
or contiguous lots, that are under the control and management of the same owner, operator,
management company or licensee or any affiliate of any of them, and are integrated
components of one operation shall be considered one facility for purposes of applying Federal,
State, and local laws to its operation. Examples of Integral Facilities include, but are not limited
to, the provision of housing in one facility and recovery programming, treatment, meals, or any
other service or services to program participants in another facility or facilities or by assigning
staff or a consultant or consultants to provide services to the same program participants in more
than one licensed or unlicensed facility.
Integral Uses (Land Use). Any two or more licensed or unlicensed residential care programs
commonly administered by the same owner, operator, management company or licensee, or
any affiliate of any of them, in a manner in which participants in two or more care programs
participate simultaneously in any care or recovery activity or activities so commonly
administered. Any such Integral Use shall be considered one use for purposes of applying
Federal, State, and local laws to its operation.
Intensity. Relative measure of development impact as defined by physical and operational
characteristics (e.g., number of dwelling units per acre, amount of parking required, amount of
traffic generated, etc.).
Invasive. See "Noninvasive Plant."
"J" Definitions
Jurisdiction. The limits or territory within which a particular power may be exercised.
"K" Definitions
Kennel and Animal Boarding. See "Animal Sales and Services."
"L" Definitions
Laboratory (Land Use). An establishment that provides medical or dental laboratory services
or photographic or analytical services. Other laboratories are classified under "Industry."
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
Landscaping. An area devoted to or developed and maintained with native or exotic plantings,
lawn, ground cover, gardens, trees, shrubs, and other plant materials, and associated
decorative outdoor landscape elements.
Landmark Structure. A structure constructed before December 12, 1950 and listed on the
National Register of Historic Places.
Landmark Theater. A structure constructed for use as a cinema or theater that has the
following characteristics:
1. Constructed on or before December 12, 1950;
2. Contains a single screen or stage;
3. Designed to seat more than 300 people.
Late Hour Operations. Facilities that provide service after 11:00 p.m. any day of the week.
Live Entertainment. Entertainment provided by one or more live performers, including musical,
theatrical, dance, cabaret, or comedy acts. For purposes of this definition, a disc jockey or a
person whose performance consists of selecting or manipulating prerecorded music is
considered a performer. Does not include "Adult Oriented Businesses." Does not include live,
unamplified musical accompaniment to dining, in a restaurant by no more than 2 performers,
including patrons, without dancing. See Municipal Code Chapter 5.28 (Live Entertainment
Establishments).
Amplified. The increase in the degree of sound level of voices or instruments through
electronic devices and equipment (e.g., amplifiers, loudspeakers, microphones, etc.).
Unamplified. Voices or instruments without sound boosting electronic devices and
equipment.
Live -Work Unit (Land Use). A structure or spaces within structures that are used jointly for
commercial and residential purposes.
Lot. The basic unit of land development. A designated area of land established by plat,
subdivision, lot line adjustment, or as otherwise permitted by law, to be used, developed, or built
upon as a unit. Typically a lot is indicated upon a final map, parcel map, lot line adjustment map,
certificate of compliance, or record of merger filed in the Office of the County Recorder. Types
of lots include the following. See Figure 7-1 (Lot Types).
Corner Lot. A lot located at the intersection of two or more streets, where they intersect
at an interior angle of not more than 135 degrees. If the intersection angle is more than
135 degrees, the lot is considered an interior lot. The front lot line of a corner lot abuts
the shortest street property line, unless otherwise determined by the Director.
Flag Lot. A lot not meeting minimum lot frontage requirements and where access to the
private or public street is provided by a narrow private access way that is between
abutting lots and that is owned in fee.
Interior Lot. A lot abutting only one street.
Key Lot. An interior lot, the front of which abuts the side property line of a corner lot
M Newport Beach Zoning Code, Title 20 October 2010
Definitions
Reversed Corner Lot. A corner lot, the rear of which abuts the side of another lot.
20.70
Through Lot. A lot with frontage on two generally parallel streets. May be an interior lot
having frontage on more than one street or a corner lot having frontage on more than
two streets.
Waterfront Lot. A lot with one or more lot lines abutting the waterfront of Newport Bay,
the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the
channels in West Newport.
Illustration of Terms
FROM 40T UNE
AgJ'^ NG LO F UNE
THROUGH LOT
SIDE "
FROM FEAR
CORNER LOT
CORNER 570E YARD
STREET
Figure 7-1 - Lot Types
October 2010 Newport Beach Zoning Code, Title 20
z
E
I
REVERSED
CORNER
'^
LOT
4�
FLAG LOT
REAR VAR
I7JTF.oQQ SIDE YAR"
KEY LOT
~
W
W
FRONT YARD
J.
.........
lNTERlORLOT
AgJ'^ NG LO F UNE
THROUGH LOT
SIDE "
FROM FEAR
CORNER LOT
CORNER 570E YARD
STREET
Figure 7-1 - Lot Types
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
Lot Area. The total area within the exterior lines of a lot including public access corridors,
vehicular easements, and areas to be included in future street rights-of-way or other public
facilities or uses established by easement, dedication, or ordinance.
Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the
rear lot line; or for irregularly shaped lots where the side lot lines converge to a point at the rear
of the lot, the horizontal distance from the midpoint of the front lot line to a line 10 feet long
within the lot, parallel to and at a maximum distance from the front lot line.
Lot Frontage. The property line of a lot that abuts a street right-of-way.
Lot Line. A recorded boundary of a lot. Types of lot lines include the following.
Front Lot Line. On an interior lot, a lot line separating the lot from the street or the
waterfront, if there is no street. For corner lots, the shortest side fronting upon a street is
considered the front of the lot regardless of which street is used for vehicle or pedestrian
access, or street address. Where two lot lines abutting a street are substantially the
same length, the Director shall determine the location of the front lot line.
Interior Lot Line. A lot line not abutting a street or alley.
Rear Lot Line. A lot line, not a front lot line, that is parallel or approximately parallel to
the front lot line and that does not intersect the front lot line. For irregularly shaped lots
where the side lot lines converge to a point at the rear of the lot, the rear lot line is a line
10 feet long within the lot, parallel to and at a maximum distance from the front lot line
Side Lot Line. A lot line that is not a front or rear lot line
Lot Line Adjustment. As provided in the Subdivision Map Act (Government Code Section
66412(d)), a lot line adjustment relocates one or more lot lines between two or more existing
adjacent lots, where land taken from one lot is added to an adjacent lot and where no more lots
are created than originally existed.
Lot Width. The horizontal distance between the side lot lines, measured at right angles to the
line that defines the lot depth at a point midway between the front and rear lot lines.
Lounge. See "Eating and Drinking Establishments."
Low -Income Household. A household whose income is between 50% and 80% of the Orange
County median income ("Area Median Income"), adjusted for actual household size, as
determined by the California Department of Housing and Community Development.
"M" Definitions
Maintenance and Repair Services (Land Use). Establishments that provide home appliance
and/or electronic or office equipment repair and maintenance, or building maintenance services.
Does not include maintenance and repair of vehicles (see "Vehicle/Equipment Repair") or boats,
ships, or vessels (see "Marine Sales and Services").
M Newport Beach Zoning Code, Title 20 October 2010
Definitions 20.70
Marina (Land Use). A commercial berthing facility (other than moorings or anchorage) in which
five or more vessels are continuously wet -stored (in water) and/or dry -stored (on land/racks) for
more than 30 days. Marinas are regulated by Title 17. See Marina Support Facilities.
Marine Activities Permit. A permit issued to commercial users of Newport Harbor in
compliance with Municipal Code Title 17 (Harbor Code).
Marina Support Facilities (Land Use). An on -shore facility (e.g., administrative offices,
bathrooms, laundry facilities, storage lockers, picnic areas, snack bar, etc.) that directly supports
a marina.
Marine and Wildlife Preserve (Land Use). An area of land or water, essentially unimproved,
that is set aside, dedicated, designated, or reserved for protection from an activity that would
significantly alter the open space or passive recreational value or ecological integrity, balance,
or character. Includes wetlands, vernal pools, floodplains, riparian forests, riparian corridors,
and habitat for multiple species of wildlife; preserves, and lands that are in need of being
preserved for their habitat and/or open space values. Does not include parks, playgrounds, and
athletic fields for active recreational uses ("Parks and Playgrounds"), or the same facilities that
are privately -owned, or commercial facilities ("Commercial Recreation and Entertainment").
Marine Rentals and Sales (Land Use). Establishments engaged in renting, selling or providing
supplies and equipment for commercial fishing, pleasure boating, or related activities.
1. Boat Rentals and Sales. An establishment that rents or sells vessels, including
storage and incidental maintenance. See "Vessel." Does not include "Marine
Services."
2. Marine Retail Sales. An establishment that provides supplies and equipment for
commercial fishing, pleasure boating, or related activities. Examples of goods
sold include navigational instruments, marine hardware and paints, nautical
publications, nautical clothing (e.g., foul -weather gear), and marine engines.
Does not include uses in which fuel for boats and ships is the primary good sold
(see "Marine Services.").
Marine Services (Land Use).
Boat Storage. Storage of operative or inoperative boats or ships.
2. Boat Yard. Construction, maintenance, or repair of boats or ships, including the
sale, installation, and servicing of related equipment and parts.
3. Entertainment and Excursion Vessels. A vessel engaged in carrying
passengers for hire for the purposes of entertainment or excursions (e.g., fishing,
whale watching, diving, educational activities, harbor and coastal tours,
dining/drinking, business or social special events and entertainment, etc.). See
"Vessel."
4. Marine Service Station. A retail establishment that sells gasoline, diesel, and
alternative fuels, lubricants, parts, and accessories for vessels and other
convenience items. See "Vessel."
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
5. Water Transportation Service. An establishment that provides vessels to carry
passengers for hire who are traveling to destinations within and outside of
Newport Harbor. See "Vessel."
Market -Rate Unit. A dwelling unit in a residential project that is not an affordable unit.
Massage. The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping,
by hand or mechanical device.
Massage Establishment (Land Use). See definition in Municipal Code Section 5.50.010.
Massage Service, Accessory (Land Use). A massage establishment that is regulated by
State law and operated as an accessory use in conjunction with an approved health club,
athletic club, gym, or hotel or in conjunction with a medical office or chiropractic office. For the
purpose of this definition, an accessory use shall mean a use that is not more than 25 percent of
the floor area of the related health or athletic activities of the primary use. Does not include
"Adult -Oriented Businesses."
Master Fee Schedule. A resolution adopted by the City Council from time to time that sets fees
for services provided by the City.
Mean High Water. The 19 -year average of the higher high water heights. For diurnal tides,
high water and higher water are the same.
Mean Low Water. The 19 -year average of all low water heights (if the tide is either semidiurnal
or mixed) or the lower low water heights if the tide is diurnal. For diurnal tides low water and
lower low water are the same.
Medical Clinic (Land Use). See "Offices, Medical and Dental (Land Use)."
Merger. The process authorized by the Subdivision Map Act to combine two or more adjacent
lots into a single lot of record.
Ministerial Decision. A decision involving only the use of fixed standards or objective
measurements and no exercise of discretion by the public official. Examples of ministerial
permits include Zoning Clearances or Building Permits. See "Discretionary Decision."
Mitigate. To ameliorate, alleviate, or avoid.
Mitigated Negative Declaration. Same as a Negative Declaration, with the addition of
identified mitigation measures and a mitigation monitoring program.
Mitigation Measure. A measure imposed on a project to ameliorate, alleviate, or avoid adverse
impacts on the environment. Consistent with Section 15370 of the State Guidelines for
Implementation of the California Environmental Quality Act.
Mobile Home. A trailer, transportable in one or more sections; that is certified under the
National Manufactured Housing Construction and Safety Standards Act of 1974; that is over 8
feet in width and 40 feet in length, with or without a permanent foundation and not including
recreational vehicle, commercial coach or factory -built housing. A mobile home on a permanent
foundation is included under the definition of "Single -Unit Dwelling."
® Newport Beach Zoning Code, Title 20 October 2010
Definitions 20.70
Moderate -Income Household. A household whose income is between 80% and 120% of the
Orange County median income ("Area Median Income"), adjusted for actual household size, as
determined by the California Department of Housing and Community Development.
Monitoring. The systematic collection of physical, biological, or economic data or a combination
of these data in order to confirm or verify compliance regarding project operation or to evaluate
project performance.
Motel. See "Visitor Accommodations."
Multi -Unit Dwelling. See "Dwelling, Multi -Unit."
Municipal Code. The Municipal Code of the City of Newport Beach, as amended.
"N" Definitions
Nail Salon (Land Use). An establishment where 25 percent or more of the work stations are
used to provide manicure and/or pedicure services.
Natural Communities Conservation Plan (NCCP). A plan for multi -species habitat
conservation that is a collaboration of federal and state resource agencies, local governments,
special districts, and private property owners. The plan covers nearly 38,000 acres in coastal
southern California. In July of 1996, the City became a signatory agency in the Orange County
Central -Coastal NCCP Subregional Plan.
NAVD 88. See "North American Vertical Datum of 1988."
Negative Declaration. A written statement describing the reasons that a proposed project will
not have a significant adverse effect on the environment and therefore does not require the
preparation of an EIR, in compliance with the California Environmental Quality Act (CEQA). See
"Mitigated Negative Declaration."
Net Public Area. See "Area, Net Public."
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
Newport Bay/Harbor.
Back Bay. See "Upper Newport Bay" below.
Lower Newport Bay. The area of the Bay southerly of the Coast Highway.
Newport Bay. The estuary consisting of the Lower Newport Bay and the Upper Newport
Bay. The terms "Newport Bay" and "Newport Harbor" are often used interchangeably.
Newport Harbor. The water area within the Lower Newport Bay and within the Upper
Newport Bay, exclusive of the Upper Newport Bay Marine Park. See "Newport Bay"
above.
Upper Newport Bay. The area of the Bay northerly of the Coast Highway Bridge. The
terms "Upper Newport Bay" and "Back Bay" are often used interchangeably.
Nightclub. See "Eating and Drinking Establishments."
Noise. An undesired sound.
Nonconforming Lot. A lot that was legally created before the adoption of this Zoning Code or
that legally existed at the time of annexation, and that does not conform to current Code
provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning
district in which the lot is located.
Nonconforming Structure. A structure that was lawfully erected, but that does not conform to
the property development regulations for the zoning district in which the structure is located by
reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to
the City.
Nonconforming Use. A use of a structure or land that was lawfully established and maintained,
but that does not conform to the use regulations for the zoning district in which it is located by
reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to
the City.
Noninvasive Plant. A plant that does not invade a habitat to the detriment of native species.
North American Vertical Datum of 1988 (NAVD 88). A fixed reference for elevations
determined by geodetic leveling created by the National Geodetic Survey.
Nursery School/Pre-School. See "Day Care Facilities."
Nursing Home. See "Convalescent Facilities."
Newport Beach Zoning Code, Title 20 October 2010
Definitions 20.70
"O" Definitions
Off -Street Loading Facility. A site, or portion of a site, devoted to the loading or unloading of
motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.
Off -Street Parking Facility. A site, or portion of a site, devoted to parking of motor vehicles,
including parking structures, parking spaces, aisles, access drives, and landscaped areas. See
"Parking Facility."
Offer to Dedicate (OTD). An offer by a landowner to grant a public access easement across
their property for future public recreational use.
Office, Business (Land Use). An office where common business services are provided to the
general public (e.g., consumer services [e.g., auto club, entertainment ticket sales, etc.],
insurance, investment, real estate, tax preparation, travel, utility company offices, etc.).
Typically, these uses have a higher rate of walk-in traffic than a professional office and visits are
often made without an appointment. Does not include "Financial Institutions and Related
Services," "Office, Corporate," "Office, Professional," or "Postal Services.,"
Office, Corporate (Land Use). A use where internal administration services for large
organizations (e.g., the headquarters, regional offices, or administrative offices for a corporation,
etc.) are provided.
Office, Medical and Dental (Land Use). A use where medical and/or dental services are
provided. Includes facilities for the diagnosis and treatment of human patients and laboratories
incidental to the office use.
Office, Professional (Land Use). A use where professional services (e.g., accounting,
architectural, engineering, legal, planning, psychological, psychiatric, etc.) are provided.
Typically, these uses serve visitors on an appointment only basis and walk-in traffic is minimal.
Does not include "Assembly/Meeting Facilities," "Financial Institutions and Related Services,"
"Office, Business," "Office, Medical and Dental," or "Postal Services."
Open Space (Land Use). A lot or area of land or water set aside, designated, dedicated, or
reserved for public or private use or enjoyment.
Common Open Space. The land area within a residential development that is not
individually owned or dedicated for public use and that is designed, intended, and
reserved exclusively for the shared enjoyment or use by all the residents and their
guests. Does not include enclosed spaces/facilities (e.g., community center, meeting
rooms, etc.). Illustrative examples include:
• areas of scenic or natural beauty
• barbecue areas
• habitat areas
• hiking, riding, or off-street bicycle trails
• landscaped areas
• play areas
• swimming pools
• tennis courts
• turf areas
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
Private Open Space. An outdoor or unenclosed area directly adjoining and accessible
to a dwelling unit, reserved for the exclusive private enjoyment and use of residents of
the dwelling unit and their guests (e.g., balcony, deck, porch, terrace, etc.). Boundaries
are evident through the use of fences, gates, hedges, walls, or other similar methods of
controlling access and maintaining privacy.
Usable Open Space. An outdoor or unenclosed area within a residential development
on the ground, or on a roof, balcony, deck, porch or terrace, designed and accessible for
outdoor living, active or passive recreation, pedestrian access, or landscaping. Parking
facilities, driveways, utility or service areas, required front or street side setback areas,
and sloped or submerged land do not constitute usable open space.
Outdoor Dining, Accessory. See "Eating and Drinking Establishments.
Outdoor Storage and Display (Land Use). The storage of various materials outside of a
building, either as an accessory or primary use.
Outpatient Surgery Facility (Land Use). An establishment, separate from or not within a
hospital, that offers planned surgical procedure(s) on an outpatient basis, with no overnight
stays. See "Overnight."
Overnight. The period between 6:00 p.m. of one day and 7:00 a.m. of the next day. See "Day."
"P" Definitions
Parcel. See "Lot."
Parcel Map. The subdivision map described by the Subdivision Map Act, Article 3, Chapter 2
(Government Code Section 66410 et seq.), which is required to complete a subdivision of 4 or
fewer lots. See also "Final Map" and "Tentative Map."
Parking facility. An area or structure used for the parking of motor vehicles as a commercial
enterprise.
Parking, Shared. A public or private parking area used jointly by two or more uses.
Parking Structure (Land Use). A structure that is open for public use for parking of motor
vehicles; that is composed of one or more levels; and that may be totally below grade (as in an
underground parking garage) or either partially or totally above grade. A fee may or may not be
charged. Does not include "Garages" or "Carports."
Parking Space. An unobstructed space or area other than a street or alley that is permanently
reserved, maintained, and accessible for the parking of 1 motor vehicle.
Parking Space, Enclosed. A parking space that is in a garage that is enclosed on 4 sides.
Parking Space, Tandem. A pair of parking spaces (i.e., 2 spaces) arranged one behind the
other.
K . Newport Beach Zoning Code, Title 20 October 2010
Definitions
Parks and Recreational Facilities (Land Use).
20.70
Recreation, Active. A type of outdoor recreation or activity that requires the use of
organized play areas (e.g., baseball, football, softball, and soccer fields; swimming
pools; tennis and basketball courts; children's play equipment, etc.).
Recreation, Passive. A type of outdoor recreation or activity that can be carried out with
little alteration or improvement to existing topography of a site, with the use of existing
natural resources, and with a minimal impact (e.g., bicycling, hiking, jogging, walking,
bird -watching, picnicking, etc.)
Parolee -Probationer. A parolee -probationer includes: (i) any individual who has been convicted
of a federal crime, sentenced to a United States prison, and received conditional and revocable
release in the community under the supervision of a federal parole officer; (ii) any individual who
has served a term of imprisonment in a State prison and who is serving a period of supervised
community custody, as defined in Penal Code Section 3000, and is under the jurisdiction of the
California Department of Corrections, Parole and Community Services Division; (iii) an adult or
juvenile sentenced to a term in the California Youth Authority and who has received conditional
and revocable release in the community under the supervision of a Youth Authority Parole
Officer; or (iv) any individual who has been convicted of a felony, sentenced to any correctional
facility, including County correctional facilities, and is under the jurisdiction of any federal, state,
or County parole or probation officer. For the purposes of this definition, "felony" means a felony
as defined by any California or United States statute.
Parolee -Probationer Home (Land Use). Any residential structure or dwelling unit, whether
owned and/or operated by an individual or a for-profit or nonprofit entity, which houses 2 or
more parolees -probationers unrelated by blood, marriage, or legal adoption, in exchange for
monetary or nonmonetary consideration given and/or paid by the parolee -probationer and/or
any public or private entity or person on behalf of the parolee -probationer.
Patio. A paved outdoor area that is used for lounging, dining, etc.
Patio Cover. A solid -roof or open -roof structure that covers a patio, platform, or deck area. A
patio cover may be detached from, or attached to, another structure. See "Awning" and
"Canopy."
Person. An individual, organization, partnership, limited liability company, or other business
association or corporation, including a utility, and a federal, state, local government, or special
district or agency.
Personal Property Sales (Land Use). The sale or offering for sale to the general public of
miscellaneous personal property, as regulated by Section 20.48.150 (Personal Property Sales).
The term "personal property sales" includes "estate sales," "garage sales," "lawn sales," and
"yard sales." Does not include "sidewalk sales" (see "Outdoor Storage and Display.").
October 2010 Newport Beach Zoning Code, Title 20
20.70
Personal Services (Land Use).
Definitions
General. Establishments that provide recurrently needed services of a personal nature.
Illustrative examples of these uses include:
• barber and beauty shops
• clothing rental shops
• dry cleaning pick up
stores with limited
equipment
• laundromats (self service
laundries)
• locksmiths
• shoe repair shops
• tailors and seamstresses
These uses may also include accessory retail sales of products related to the services
provided.
Restricted. Personal service establishments that may tend to have a blighting and/or
deteriorating effect upon surrounding areas and that may need to be dispersed from
other similar uses to minimize adverse impacts, including:
• day spas
• healing arts
(acupuncture,
aromatherapy, etc.) with
no services qualifying
under"Massage
Establishments"
• tanning salons
• tattoo services and body piercing
studios
These uses may also include accessory retail sales of products related to the services
provided.
Personal Storage (Mini -Storage) (Land Use). A structure or group of structures containing
generally small, individual, compartmentalized stalls or lockers rented as individual storage
spaces.
Pervious surface. Any material or surface that permits infiltration, percolation, or absorption of
water into the ground through the material or surface.
Pharmacy, Medical Supplies (Land Use). An establishment that sells medical equipment and
supplies for home health care (e.g., scales, walking aids, bathroom safety aids; skin and
personal care products; braces, supports, and splints; bandages and tape; etc.)
Planning Commission. The Newport Beach Planning Commission, referred to throughout this
Zoning Code as the "Commission."
Planning Director. See "Director."
M Newport Beach Zoning Code, Title 20 October 2010
Definitions
Porch.
20.70
Enclosed Porch. (Also known as screened -in porches or three -season rooms). A
platform projecting from or attached to a wall of a building that:
Has direct access to a building;
2. Is covered by a roof or roof -like structure;
3. May or may not be heated or cooled; and
4. Is enclosed by
a. Walls;
b. Permanent or removable windows or screens; or
C. A combination of walls and windows/screens.
Open Porch. A platform projecting from or attached to a wall of a building that:
Has direct access to a building;
2. Is covered by a roof or roof -like structure;
3. Is not heated or cooled;
4. Is open to the outside air; and
5. Is not enclosed by
a. Walls;
b. Permanent or removable windows or screens; or
C. A combination of walls and windows/screens.
Open porches may be partially enclosed by a railing(s) not to exceed 42 inches in height
as measured from the porch floor and may include columns for the purpose of
supporting the roof or roof -like structure.
Postal Service (Land Use). An establishment that provides commercial postal services directly
to the customer, including letter and parcel mailing, post office box rental, and related services.
Predominant Line of Development. The most common or representative distance from a
specified group of existing structures to a specified point or line (e.g. topographic line or
geographic feature). For example, the predominant line of development for a block of existing
homes on a coastal bluff (a specified group of structures) could be determined by calculating the
median distance (a representative distance) these structures are from the bluff edge (a specified
line).
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
Principal Structure. A structure in which the principal use of the lot and/or building site is
conducted.
Principal Use. The predominant use of a lot, building, or structure.
Printing and Duplicating Services (Land Use). Establishments that provide printing and
duplicating services using blueprint, photocopy, and offset printing and similar equipment,
including small-scale photo processing. Does not include photographic laboratories and
industrial printing and publishing plants.
Project. An enterprise involving the development, structural modification, or redevelopment of
commercial, industrial, mixed-use, residential, or other properties.
Public Park and Playground (Land Use). Land owned or operated by a municipality, school
district, county, state, or other governmental unit and designed to serve the recreation needs of
the residents of the City. Includes parks, play lots, playgrounds, athletic fields, sports courts.
May also include passive outdoor recreation areas that are located in conservation areas
("Conservation Areas"). Does not include the same facilities that are privately -owned or
commercial facilities ("Commercial Recreation and Entertainment").
Public Trust Lands. All lands subject to the Common Law Public Trust for commerce,
navigation, fisheries, recreation, and other public purposes. Public Trust Lands include
tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and
submerged lands that are presently filled or reclaimed and which were subject to the Public
Trust at any time (California Code of Regulations, Section 13577). See "Submerged Lands"
and "Tidelands."
Public View. A vista of features seen from a public vantage point as identified in General Plan
Figure NR 3., including bodies of water, beaches, coastline, islands, ridges, bluffs, canyons,
geologic features, and landmarks. The term "view" does not mean an unobstructed panorama of
these features.
"Q" Definitions
Queue Space. A temporary waiting area for motor vehicles or persons obtaining a good or
service.
"R" Definitions
Recreational Vehicle (RV). A motor home, travel trailer, truck camper, or camping trailer, with
or without motor power, designed for human habitation for recreational, emergency, or other
occupancy.
Recreational Vehicle (RV) Park. See "Visitor Accommodations."
Recycling Facilities (Land Use). A variety of facilities involved with the collection of recyclable
materials. A "certified" recycling or processing facility is certified by the California Department of
Conservation as meeting the requirements of the California Beverage Container Recycling and
M Newport Beach Zoning Code, Title 20 October 2010
Definitions
20.70
Litter Reduction Act of 1986. Recyclable material includes reusable materials that can be
reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and
plastic. Recyclable material does not include refuse or hazardous materials. This land use does
not include storage containers located on a residentially, commercially, or industrially
designated site used solely for the recycling of material generated on the site.
Collection facility (large). A facility that occupies an area of more than 350 square feet
and/or includes permanent structures where the public may donate, redeem, or sell
recyclable materials.
Collection facility (small). A facility that occupies an area of 350 square feet or less
where the public may donate, redeem, or sell recyclable materials.
Research and Development (Land Use).
General. Establishments engaged in industrial or scientific research, including product
testing. Includes electronic research firms or pharmaceutical research laboratories.
Excludes manufacturing, except of prototypes, and medical testing and analysis.
Restricted. Research and development establishments that engage in activities that
may involve the use of potentially hazardous materials, flammable substances, or
chemical compound mixtures or devices; that may result in hazardous waste byproducts,
conditions commonly recognized as offensive; that may involve testing on animals; or
that may require special handling protocols or security measures.
Residential Care Facilities (Land Use).
General Licensed (7 or more persons). A place, site or building, or groups of places,
sites or buildings, licensed by the State, in which 7 or more individuals with a disability
reside who are not living together as a single housekeeping unit (see "Single
Housekeeping Unit") and in which every person residing in the facility (excluding the
licensee, members of the licensee's family, or persons employed as facility staff) is an
individual with a disability. Does not include "Group Residential."
General Unlicensed (7 or more persons). A place, site or building, or groups of places,
sites or buildings, which is not licensed by the State, and is not required by law to be
licensed by the State, in which 7 or more individuals with a disability reside who are not
living together as a single housekeeping unit (see "Single Housekeeping Unit") and in
which every person residing in the facility (excluding persons employed as facility staff)
is an individual with a disability. Does not include "Group Residential."
Limited Licensed (6 or fewer persons). State licensed facilities that provide care,
services, or treatment in a community residential setting for 6 or fewer adults, children,
or adults and children and which are required by State law to be treated as a single
housekeeping unit for zoning purposes. Small licensed residential care facilities shall be
subject to all land use and property development regulations applicable to single
housekeeping units (see "Single Housekeeping Unit"). Does not include "Group
Residential."
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
Small Unlicensed (6 or fewer persons). A place, site or building, or groups of places,
sites or buildings, which is not licensed by the State of California and is not required by
law to be licensed by the State, in which 6 or fewer individuals with a disability reside
who are not living together as a single housekeeping unit and in which every person
residing in the facility (excluding persons employed as facility staff) is an individual with a
disability. Does not include "Group Residential."
Restaurant. See "Eating and Drinking Establishments."
Retail Sales (Land Use).
General. Retail establishments, completely enclosed within structures, engaged in
selling goods or merchandise to the general public. Examples of these establishments
and lines of merchandise include:
• antiques
• appliances
• artists' supplies
• automotive parts and
accessories
• bakeries (retail only)
• bicycle sales and rentals
• books
• cameras and photographic
supplies
• carpeting and floor covering
• clothing and accessories
• convenience market
• drug and discount stores
• electronic equipment
• fabrics and sewing supplies
• florists and houseplant stores
(indoor sales only)
• gift shops
• grocery store
• handcrafted items
• hardware
• hobby materials
• jewelry
• kitchen utensils
• locksmiths
• luggage and leather goods
• medical supplies and equipment
• musical instruments, parts and
accessories
• newsstands
• office supplies
• orthopedic supplies
• paint and wallpaper
• pharmacies
• religious goods
• secondhand clothing sales
• shoe stores
• small wares
• specialty food and beverage
• specialty shops
• sporting goods and equipment
• stationery
• supermarket
• tobacco
• toys and games
• travel services
Newport Beach Zoning Code, Title 20 October 2010
Definitions
20.70
Bulk Merchandise. Retail establishments engaged in selling goods or merchandise to
the general public as well as to other retailers, contractors, or businesses, and rendering
services incidental to the sale of the goods. Bulk retail is differentiated from general retail
by either of the following characteristics:
A high volume of sales of related and/or unrelated products in a warehouse
setting (i.e., "big box" retail).
2. The sale of goods or merchandise that require a large amount of floor space and
that are warehoused and retailed at the same location.
Examples of items for sale include:
• Electrical and heating fixtures and supplies
• Furniture
• Groceries
• Household appliances
• Household furnishings
• Household products
• Lumber
• Nursery stock
• Personal care products
Does not include "Marine Sales", "Warehousing," "Wholesaling," or "Vehicle Sales."
Retaining Wall. A wall used to support or retain an earth embankment or area of fill.
Review Authority. The individual or official City body identified by this Zoning Code as having
the responsibility and authority to review and approve or disapprove ministerial and
discretionary permit applications described in this Zoning Code. Includes Newport Beach City
Council ("Council"), the Planning Commission ("Commission"), the Hearing Officer ("Hearing
Officer") the Planning Director ("Director"), the Zoning Administrator ("Zoning Administrator"),
the Planning Department ("Department"), the City Traffic Engineer, and Public Works Director..
Right -of -Way. An area of land acquired by reservation, dedication, prescription, or
condemnation for public road, crosswalk, pedestrian walkway, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses.
Riparian. Consists of trees, shrubs, or herbs that occur along watercourses or water bodies.
The vegetation is adapted to flooding and soil saturation during at least a portion of its growing
season.
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
"S" Definitions
Schools, Public and Private (Land Use). A public or private academic educational institution
or schools providing specialized education/training Illustrative examples of these uses include:
• art school
• boarding school
• business, secretarial, and vocational
school
• community college, college, or
university
• computers and electronics school
• culinary arts
• dance school
• drama school
• driver education school
• elementary, middle, or high schools
• language school
• military academy
• music school
• photography school
• professional school (law, medicine,
etc.)
• seminaries/religious ministry training
facility
• tutoring centers
Also includes facilities that offer specialized programs in personal growth and development (i.e.,
arts, communications, diet centers, environmental awareness, management, etc.). Does not
include part-time religious instruction at places of worship or preschools and child day care
facilities (see "Day Care, General"). See "Studio - Art, Dance, Martial Arts, Music, etc."
School, related to medical professions (Land Use). An establishment that provides
specialized on-site training of technical medical skills (e.g. anesthesiology technician,
cardiovascular technician, dental assistant, emergency medical technician, medical laboratory
technician, MRI technician, optical technician, pharmacy technician, phlebotomy technician,
ultrasound technician, x-ray technician, etc.).
Screening. A landscaping treatment or a decorative structure to visually conceal an area or on-
site utilitarian use that is considered unattractive.
Second Unit. A dwelling unit accessory to and attached to, detached from, or contained within
the principal dwelling unit on a site. Does not include "Senior Accessory Dwelling Unit."
Security. Bonds, cash deposits, letters of credit, and/or other instruments acceptable to the
City that are used to guarantee specific performance.
Senior Accessory Dwelling Unit. See "Dwelling Unit, Senior Accessory."
Senior Citizen Housing. An age -restricted multi -family residential development designed and
intended to be principally occupied by senior citizens (i.e., a person 62 years of age or older, or
55 years of age or older in a senior citizen housing development). The development may
include a congregate meals program in a common dining area. Does not include "Convalescent
Facility."
Senior Citizen Housing Development. A residential development developed, substantially
rehabilitated, or substantially renovated for senior citizens (i.e., persons 55 years of age or
older) that has at least 35 dwelling units and that conforms to Civil Code 51.3(b)(4).
Service Station. See "Vehicle/Equipment Services."
M Newport Beach Zoning Code, Title 20 October 2010
Definitions
20.70
Service Station Fueling Space. A temporary parking space immediately adjacent to a fuel
dispensing unit.
Setback. The distance by which a structure, parking area, or other feature must be separated
from a lot line or other designated point or line. See "Setback Area" and Figure 7-2 (Setbacks).
Street side
setback
------ ------
---
Rear
i1 setback
111terior
setback
---
Side
setback
1 I ' I
I '
---L-- –-1– --------
Front
------
Front
setback
® \— Front lot line
Sight distance area
Figure 7-2 - Setbacks
Setback Area. An area within a lot that is established for the purpose of governing the location
of structures on a lot. A setback area is located between a setback line and the nearest relevant
parallel lot line and is unobstructed and unoccupied from the ground upward, except for
encroachments allowed in compliance with Section 20.30.110 (Setback Regulations and
Exceptions). See Figure 7-2 (Setbacks). See "Yard."
Front Setback Area. An area that extends across the full width of a lot between the
front lot line and the required front setback line.
Rear Setback Area. An area that extends the full width of a lot between the rear lot line
and the required rear setback line.
Side Setback Area. An area that extends from a front setback line to a rear setback line
between the side lot line and the required side setback line.
Setback Line. Within a lot, a line established to indicate the boundary of a specified front, side,
or rear setback area. A setback line may be parallel to and equidistant from a lot line (front,
back, and side) or from a current or future public right-of-way, whether acquired in fee,
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
easement, or otherwise; or may be coterminous with the lot line. See the development
standards tables in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District
Standards) for the minimum required horizontal distance between a lot line and a setback line.
See "Lot Line."
Shoreline. Intersection of the sea with land; the line that delineates the shoreline on nautical
charts and surveys published by the National Oceanic and Atmospheric Administration and that
approximates the mean low water line from the time the chart was prepared.
Short -Term Lodging (Land Use). See "Visitor Accommodations — Residential."
Signs. See Chapter 20.42 (Sign Standards).
Single Housekeeping Unit. The functional equivalent of a traditional family, whose members
are an interactive group of persons jointly occupying a single dwelling unit, including the joint
use of and responsibility for common areas, and sharing household activities and
responsibilities (e.g., meals, chores, household maintenance, expenses, etc.) and where, if the
unit is rented, all adult residents have chosen to jointly occupy the entire premises of the
dwelling unit, under a single written lease with joint use and responsibility for the premises, and
the makeup of the household occupying the unit is determined by the residents of the unit rather
than the landlord or property manager.
Single -Unit Dwelling. See "Dwellings."
Site. A lot or adjoining lots under single ownership or single control, considered as a unit for the
purposes of development or other use.
Site Coverage. The percentage of a site covered by structures and accessory structures and by
decks more than 30 inches in height.
Site Plan. A drawing of a lot, drawn to scale, showing the actual measurements, the size and
location of existing structures or structures to be erected, the location of the lot in relation to
abutting streets, and other information.
Skylight. The portion of a roof that is glazed to admit daylight, including the mechanical
fastening required to hold the glazing and to provide a weatherproofing barrier.
Slope. Land gradient described as the vertical rise divided by the horizontal run, and expressed
in percent or ratio. Slope is determined using the following equation:
Slope = (V / H) x 100, where
V = vertical distance between the highest elevation and lowest elevation of a straight line
drawn perpendicular to the sloping surface;
H = horizontal distance of a straight line drawn perpendicular to the sloping surface.
Smoking Lounge (Land Use). An establishment that is dedicated, in whole or part, to providing
tobacco or other substances for smoking by patrons on the premises for a fee, including but not
limited to establishments known as cigar lounges, hookah lounges, tobacco clubs, or tobacco
bars. Does not include a "retail or wholesale tobacco shop," which sells tobacco products and
smoking accessories, but does not provide for on premises use of tobacco produces.
M Newport Beach Zoning Code, Title 20 October 2010
Definitions 20.70
Solar Equipment. A solar collector or solar energy device whose primary purpose is to provide
for the collection, storage, and distribution of solar energy for space heating or cooling, water
heating, or for power generation.
Solid Waste. Garbage, refuse, rubbish, or other discarded materials, including garbage with
insufficient liquid content to be free flowing, generally disposed of in landfills or incinerated.
Special Events (Land Use). See Municipal Code Chapter 11.03 (Special Events).
Specific Plan. Under Government Code Section 65450 et seq., a policy statement and
implementation tool adopted by the City Council that addresses a single project or planning
problem. A specific plan may include detailed regulations, conditions, programs, and/or
proposed legislation that may be necessary or convenient for the systematic implementation of
a General Plan element(s).
Stream. A topographic feature that at least periodically conveys water through a bed or channel
having banks. This includes watercourses having a surface or subsurface flow that supports or
has supported riparian vegetation.
Street. A public or private vehicular right-of-way (e.g., local streets, commuter roadways,
arterials, etc.), but not including alleys, driveways, or off-road bikeways. See "Right -of -Way."
Story. That portion of a building included between the upper surface of any floor and the upper
surface of the floor next above and, for the top -most story, from the upper surface of the floor to
the top of the ceiling joists, or where there is no ceiling, to the top of the roof rafters.
Structure. Anything constructed or erected, the use of which requires location on the ground or
attachment to something having location on the ground. Includes "Building."
Structure, Attached. A structure that is connected to another structure by means of a
wall, roof, stairway, atrium, breezeway, or other structural connection.
Structure, Detached. A structure that does not have a wall or roof in common with
another structure.
Studio - Art, Dance, Martial Arts, Music, etc. (Land Use). A small-scale instructional facility
that typically accommodates one student or a group of students at a time, in no more than one
instructional space. Examples of these small-scale facilities include: instruction and training in
the arts, martial arts, gymnastics, etc.; photography and the processing of photographs
produced only by users of the studio facilities; production studios for individual filmmakers,
musicians, painters, sculptors, photographers, and other artists. Larger facilities are included
under the definition of "Schools — Public and Private." These uses may also include accessory
retail sales of products related to the services provided.
Submerged Lands. Lands that lie below the line of mean low tide (from California Code of
Regulations, Section 13577). See "Public Trust Lands."
Subdivision. See Municipal Code Title 19 (Subdivisions).
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
Subdivision Map Act. Division 2, Title 7 of the California Government Code, commencing with
Section 66410, as amended, regarding the subdivision of real property.
Supermarket. A retail establishment that generally maintains a minimum gross floor area of
10,000/15,000 square feet and carries a broad range of food products (e.g., fresh fruits; fresh
vegetables; baked goods, meat, poultry, and/or fish products; frozen foods; processed and
prepackaged foods, etc.). May include accessory uses (coffee kiosks, ATM's, banks, etc.). Does
not include "Convenience Market."
Supportive Housing. Housing with no limit on length of stay, that is occupied by the target
population, as defined by Section 53260(d) of the California Health and Safety Code, and that is
linked to onsite or offsite services that assist the tenant to retain the housing, improve his or her
health status, maximize their ability to live and, when possible, to work in the community.
Supportive housing that is provided in "Single-, Two-, or Multi -Family Dwelling Units", "Group
Residential", "Parolee -Probationer Home", "Residential Care Facilities", or "Boarding House"
uses shall be permitted, conditionally permitted or prohibited in the same manner as the other
"Single-, Two- or Multi -Family Dwelling Units", "Group Residential", "Parolee -Probationer
Home", "Residential Care Facilities", or "Boarding House" uses under this Code.
Surface, Finished. See "Finished Surface."
Sustainable Development. A pattern of resource use that aims to meet human needs while
preserving the environment so that these needs can be met not only in the present, but in the
indefinite future.
"T" Definitions
Take -Out Service. See "Eating and Drinking Establishments."
Tandem Parking Space. See "Parking Space, Tandem."
Temporary Events (Land Use). See Section 20.52.040 (Limited Term Permits). Does not
include Special Events (see "Special Events").
Temporary Structures (Land Use). See Section 20.52.040 (Limited Term Permits).
Temporary Uses (Land Use). See Section 20.52.040 (Limited Term Permits).
Tentative Map. A subdivision map prepared in compliance with the Subdivision Map Act,
(Government Code Section 66410 et seq.) that specifies the conditions that must be satisfied
and the details that must be provided before approval of a Final Map. See also "Final Map" and
"Parcel Map."
Tidelands. Lands that are located between the lines of mean high tide and mean low tide (from
California Code of Regulations, Section 13577). See "Public Trust Lands."
Time Share Facility (Land Use). See "Visitor Accommodations."
Traffic Safety Area. A triangular area as described in Section 20.30.130 (Traffic Safety Area).
M Newport Beach Zoning Code, Title 20 October 2010
Definitions 20.70
Transitional Housing. Rental housing operating under program requirements that call for the
termination of assistance and recirculation of the assisted unit to another eligible program
recipient program at some predetermined future point in time, which shall be no less than six
months. Transitional housing that is provided in "Single-, Two -or Multi -Family Dwelling Units",
"Group Residential", "Parolee -Probationer Home", "Residential Care Facilities", or "Boarding
House" uses shall be permitted, conditionally permitted or prohibited in the same manner as the
other "Single-, Two-, or Multi -Family Dwelling Units", "Group Residential", "Parolee -Probationer
Home", "Residential Care Facilities", or "Boarding House" uses under this Code.
Transportation Demand Management (TDM). A strategy for reducing demand on the road
system by reducing the number of vehicles using the roadways and/or increasing the number of
persons per vehicle. TDM attempts to reduce the number of persons who drive alone on the
roadway during the commute period and to increase the number in carpools, vanpools, buses
and trains, walking, and biking. TDM can be an element of Transportation Systems
Management (TSM) (see "Transportation Systems Management (TSM)").
Transportation Systems Management (TSM). Individual actions or comprehensive plans to
reduce traffic congestion by increasing the efficiency of the transportation system itself.
Examples include improved traffic signal timing, coordination of multiple traffic signals, or spot
improvements that increase capacity of the roadway system.
Triplex. See "Dwelling, Multi -Unit."
Tsunami. A long period wave, or seismic sea wave, caused by an underwater disturbance (e.g.,
volcanic eruption, earthquake„ etc.).
Two -Unit Dwelling. See "Dwelling, Two -Unit."
"U" Definitions
Unit. See "Dwelling Unit."
Usable Open Space. See "Open Space."
Use. The purpose for which land or a structure is, arranged, designed, intended, maintained, or
occupied.
Utilities (Land Use).
Major. Generating plants, electrical substations, above -ground electrical transmission
lines, Ione switching structures, refuse collection, transfer recycling or disposal facilities,
water reservoirs, flood control or drainage facilities, water or wastewater treatment
plants, transportation or communications utilities, and similar facilities of public agencies
or public utilities. The facility may have a significant effect on surrounding uses.
Minor. Utility facilities that are necessary to support legally established uses and involve
only minor structures (e.g., electrical distribution lines, underground water lines,
underground sewer lines, etc.).
October 2010 Newport Beach Zoning Code, Title 20
20.70 Definitions
"V" Definitions
Variance. A discretionary entitlement that waives or relaxes the development standards of this
Zoning Code, in compliance with Section 20.52.090 (Variances).
Vehicle/Equipment Rentals (Land Use).
General. Rental of automobiles, construction equipment, motorcycles, recreational
vehicles, trucks, and similar vehicles and equipment, including on-site storage and
incidental maintenance that does not require pneumatic lifts. Does not include boat
rentals (see "Marine Rentals and Sales").
Limited. Limited to the rental of mopeds, scooters, Segways, and similar vehicles with
electric power or engines less than 100cc. May also include the maintenance, minor
repair, and on-site storage of the equipment offered for rent.
Office Only. Rental of automobiles, motorcycles, recreational vehicles, trucks, and other
types of transportation vehicles. Does not include the on-site storage of or incidental
maintenance of vehicles. Does not include boat rentals (see "Marine Rentals and
Sales").
Vehicle/Equipment Sales (Land Use).
General. Sale of automobiles, construction equipment, motorcycles, recreational
vehicles, trucks, and similar vehicles and equipment, including display, storage,
maintenance, repair, and incidental rental of the vehicles and equipment. May include
the sale, installation, and servicing of related equipment and parts. Does not include
boat sales (see "Marine Rentals and Sales").
Limited. Limited to the sale of automobiles, including display, storage, minor
maintenance, and incidental rental. Does not include maintenance and/or repair
requiring pneumatic lifts. Does not include boat sales (see "Marine Rentals and Sales").
Vehicles Sales, Office Only. Limited to an office for the sale of automobiles. Does not
include on-site inventory, display, storage, maintenance, or repair of automobiles. May
be subject to parking requirements of the Department of Motor Vehicles.
Vehicle/Equipment Repair (Land Use).
General. Major repair of automobiles, motorcycles, recreational vehicles, or trucks.
Examples of uses include body and fender shops; brake shops; full-service motor
vehicle repair garages; machine shops; painting shops; tire sales and installation shops;
towing services; and transmission shops. Does not include vehicle dismantling or
salvage and tire retreading or recapping. Does not include boat repair (see "Marine
Services").
Limited. Minor repair of automobiles, motorcycles, recreational vehicles, or light trucks,
vans, or similar size vehicles. Examples of uses include brake adjustments and repairs;
installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling,
electrical, fuel, and exhaust systems; oil and lube shops; wheel alignment and balancing.
Does not include boat repair. See "Marine Services."
M Newport Beach Zoning Code, Title 20 October 2010
Definitions
Vehicle/Equipment Services (Land Use).
20.70
1. Automobile Washing/Detailing. Establishments engaged in the washing,
waxing, or cleaning of automobiles or similar light vehicles.
Full Service. A car wash establishment where operating functions are
performed entirely by an operator/owner with the use of washing, waxing,
and drying equipment supplemented with manual detailing by the
operator/owner.
Self Service or Accessory. An establishment where washing, drying,
polishing, or vacuuming of an automobile is done by the car driver or
occupant.
2. Service Station. An establishment engaged in the retail sale of gasoline, diesel,
and alternative fuel, lubricants, parts, and accessories, including incidental
"minor" maintenance and repair of automobiles and light trucks, vans, or similar
size vehicles. Does not include body and fender work or "heavy" repair of trucks
or other motor vehicles (see "Vehicle/Equipment Repair, General").
3. Vehicle Storage. Storage of operative or inoperative vehicles, including tow
yards (i.e., outdoor storage facilities for the temporary storage of towed vehicles),
impound yards, and storage lots for automobiles, trucks, buses, and recreational
vehicles. Does not include vehicle/equipment repair activities (see
"Vehicle/Equipment Repair") or vehicle dismantling or salvage.
Vehicles for Hire (Land Use). A use specializing in the provision of vehicles with drivers to the
general public for the purpose of transportation (e.g., taxi or limousine service). May also
include business office and the maintenance, minor repair, and on-site storage of vehicles for
hire. Does not include vehicle rental uses or a vehicle for hire use that is an office use only and
does not include storage or maintenance of vehicles onsite.
Very Low -Income Household. A household whose income is 50% or less of the Orange
County median income ("Area Median Income"), adjusted for actual household size, as
determined by the California Department of Housing and Community Development.
Vessel. Every type of watercraft that is used or capable of being used as a means of
transportation on water. This includes all vessels of any size home -ported, launched/retrieved,
or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under
State or Federal requirements, except a seaplane on the water.
Visitor Accommodations (Land Use).
Bed and Breakfast Inn. A dwelling unit that offers guest rooms or suites for a fee for
less than 30 days, with incidental eating and drinking service provided from a single
kitchen for guests only.
Hotel. An establishment that provides guest rooms or suites for a fee to transient guests
for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls.
Related accessory uses may include conference and meeting rooms, restaurants, bars,
October 2010 Newport Beach Zoning Code, Title 20
20.70
Definitions
and recreational facilities. Guest rooms may or may not contain kitchen facilities for food
preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities are
commonly known as extended stay hotels. A hotel operates subject to taxation under
Revenue and Taxation Code Section 7280.
Motel. An establishment that provides guest rooms for a fee to transient guests for
sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is
distinguished from a hotel primarily by direct independent access to, and adjoining
parking for, each guest room. A motel operates subject to taxation under Revenue and
Taxation Code Section 7280.
Recreational Vehicle (RV) Park. A lot upon which two or more recreational vehicle sites
are located, established, or maintained for occupancy for a rental fee by recreational
vehicles of the general public as temporary living quarters for recreation or vacation
purposes.
Short -Term Lodging. A dwelling unit that is rented or leased as a Single Housekeeping
Unit (see "Single Housekeeping Unit") for a period of less than 30 days, subject to the
requirements of Municipal Code Chapter 5.95 (Short -Term Lodging Permits) and any
additional standards required by the City Manager.
Time Share Project. A development in which a purchaser receives the right in
perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of
an ownership interest in a lot, unit, room(s), or segment of real property, annually or on
some other seasonal or periodic basis, for a period of time that has been or will be
allotted from the use or occupancy periods into which the project has been divided and
shall include, but not be limited to time share estate, interval ownership, vacation
license, vacation lease, club membership, time share use, hotel/condominium, or uses of
a similar nature.
Time Share Estate. A right of occupancy in a time share project that is coupled with an
estate in the real property.
Time Share Interval. The period or length of time of occupancy in a time share unit.
Time Share Unit. Each portion of the real property or real property improvement in a
project that is divided into time share intervals.
Time Share Use. A license or contractual or membership right of occupancy in a time
share project that is not coupled with an estate in the real property.
Visitor -Serving Retail (Land Use). Retail establishments engaged in selling goods or
merchandise to tourists and visitors. Examples of these establishments and lines of
merchandise include:
® Newport Beach Zoning Code, Title 20 October 2010
• antiques
• appliances
• art galleries
• artists' supplies
• bakeries (retail only)
• bicycle sales and rentals
• books
• cameras and photographic
supplies
• clothing and accessories
• convenience market
• drug and discount stores
"W" Definitions
• gift shops
• handcrafted items
• hobby materials
• jewelry
• luggage and leather goods
• newsstands
• pharmacies
• specialty food and beverage
• specialty shops
• sporting goods and equipment
• tobacco
• toys and games
• travel services
Warehousing (Land Use). Establishments engaged in providing facilities for the storage of
furniture, household goods, products, or other commercial goods. Includes cold storage. Does
not include personal storage (mini storage) facilities offered for rent or lease to the general
public ("Personal Storage -Mini -Storage"); or warehouse facilities in which the primary purpose
of storage is for wholesaling ("Wholesaling").
Small — Establishments located in facilities that are 5,000 square feet or less in size.
Large — Establishments located in facilities that are over 5,000 square feet in size.
Water Transportation Service. See "Marine Services."
Waterfront Lot. See "Lot, Waterfront."
Wetlands. Those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
Wireless Telecommunication Facility. See Municipal Code Chapter 15.70 (Wireless
Telecommunication Facilities."
"X" Definitions
Xeriscaping. A set of landscape design and maintenance principles and horticultural practices
that promote efficient use of water. The term "xeriscape" is a registered trademark of the
National Xeriscape Council and means water -conserving, drought -tolerant landscaping.
"Y" Definitions
Yard. The area between a lot line and a principal structure. May be the same size as or larger
than a required setback area. See "Setback Area."
October 2010 Newport Beach Zoning Code, Title 20 ®i
20.70
"T' Definitions
Definitions
Zoning Administrator. The Newport Beach Zoning Administrator designated to make
decisions on applications as provided in Chapter 20.60 (Administrative Responsibility), referred
to as the "Zoning Administrator."
Zoning District. A residential, commercial, industrial, mixed-use, special purpose, or overlay
district established by Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District
Standards) within which certain land uses are allowed and certain site planning and
development standards are established (e.g., setbacks, height limits, site coverage
requirements, etc.).
Zoning District, Principal. The zoning district applied to a site by the Zoning Map, to which an
overlay zoning district may also be applied. See "Overlay Zoning District."
Newport Beach Zoning Code, Title 20 October 2010
Part 8
Maps
Area Maps (Referenced in various Chapters/Sections)
A-1 Balboa Island (Includes Little Balboa Island)
A-2 Balboa Peninsula
A-3 Buck Gully
A-4 Corona del Mar
A-5 Lido Marina Village/Mariner's Mile
A-6 West Newport
Bluff Overlay, Development Area Maps (Section 20.28.040)
B Bluff Overlay Index Map
B-1 Kings Place
B-2 Irvine Terrace - Dolphin Terrace
B-3 Irvine Terrace - Bayadere Terrace
B-4 Avocado Avenue/Pacific Drive
B-5 Carnation Avenue
B-6 Ocean Boulevard/Breakers Drive
B-7 Shorecliffs
B-8 Cameo Shores
Height Limit Areas (Subsection 20.30.060.C.2)
H-1 High Rise and Shoreline Height Limit Areas
Setback Maps (Section 20.18.030, Tables 2-2 and 2-3)
S-1
West Newport
S-2
Balboa Peninsula
S-3
Lido Isle
S-4
Balboa Island
S-5
Newport Heights
S-6
Cliff Haven / Bay Shores
S-7
Beacon Bay Area
S-8
Harbor Island
S-9
Irvine Terrace
S-10
Corona Del Mar
S-11
Harbor View / Spyglass
S-12
Eastbluff
S-13
Dover Shores
S-14
Granville Drive
October 2010 Newport Beach Zoning Code, Title 20
Maps
- This page intentionally left blank -
Newport Beach Zoning Code, Title 20 Public Review Draft - May 2010
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Name: B-6—Ocean—Blvd/ October 2010
Development Areas Delineated By: _ Development Area A
d� Specified Distance from Front Property Line :::::: Development Area B
a B-7 Shorecliffs • • • 10 Feet From Bluff Edge Development Area C
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Name: B-7 Shorecliffs/ October 2010
Development Areas Delineated By: _ Development Area A
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151 I 201 r 251
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0
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- ----------------
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DETAIL A
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ne setback line ,
rn seZba ,
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ru
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307 304 305 304 305 304 �' �' c� 3°
303 302 301 302 303 302 0 0 o M 3°0
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BALBOA AVENUE
N 227 226229 226 1511 227 226
Noo oo�
4 225 224 225 224 225 224
223 222 223 222 223 99 17TI23 _
221 220 221 220 221 22 Bluff Development Overlay
a0 219 218 219 218 219 21
N 217 216 217 216 217Q 21 (See Map B-3 -Irvine Terrace - Bayadere Terrace)
215 w 214 215 w 214 215 z 2 2 w 214
213 z 212 213 w 210 213 M212 213 z 212 213 z 212 1
211 a 210 11 > 211 211 > 210 211 a 210 2218
20 208 9 ¢9 209 208 209 < 208 209 208 215 9
207 07 206 207 206 207 206 m 213
205 203 204 205 204 205 204 205 204 211
203 202 200203 202 1 202 no 1 n
Name- MAP 9A IrvineTerrace / October 2010
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w 112 113
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Bluff Development Overlay
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0 150 300 (See Map - )
SMB-4 Avocado Avenue /Pacific Drive ^�^ � `�^otic P°\P AOBo A22o
N q L PG OO y77 y 8 A27 9S O
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Name- MAP 9B IrvineTermce / 0(-toher 2010
M
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*Pacific Drive - Buildable Area. For purposes of 2'
determining the buildable area for structures located
�'JO `t"" 912 a
on the bluff (southerly) side of Pacific Drive between '`
@
' Avocado Avenue and the southerly side of the ,o0 6/ mss- a�s�
prolongation of the line of the westerly side °s "' "6 `7-9� 2521
of Begonia Avenue, a front yard setback of 10 feet
shall be used the setback for the location of all
structures as designated as 24 feet or 17 feet wh @@Y @" "'b 25 2530
@ J2 @, 7 JO 4 moi, 57 25g0
shall be used) @O@'O 9 25s' S 255° 0
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Part 9
Specific Plans
Table of Contents
Chapter 20.90 — Santa Ana Heights Specific Plan..........................................................................9-3
20.90.010
— Establishment of Specific Plan District - Santa Ana Heights.......................................9-3
20.90.015 — Purpose........................................................................................................................9-7
20.90.020
— Design Guidelines........................................................................................................9-7
20.90.025
— Land Use Regulations................................................................................................9-32
20.90.030
— Open Space and Recreation District: SP-7(OSR).....................................................9-35
20.90.035
— Residential Equestrian District: SP -7 (REQ)..............................................................9-36
20.90.037
— Residential Kennel District: SP-7(RK).......................................................................9-42
20.90.040
— Residential Single Family District: SP-7(RSF)..........................................................
9-45
20.90.042
— Residential Multiple Family District: SP -7 (RMF) . ......................................................
9-48
20.90.044
— Horticultural Nursery District: SP-7(HN)....................................................................9-50
20.90.045
— General Commercial District: SP -7 (GC)...................................................................9-51
20.90.050 — Business Park District: SP-7(BP)..............................................................................9-57
20.90.055
— Professional and Administrative Office District: SP -7 (PA)........................................9-64
20.90.060
— Professional, Administrative & Commercial Consolidation Dist.: SP -7 (PACC)......... 9-67
20.90.065
— Planned Development Combining District: (PD)........................................................9-68
20.90.070
— Commercial Stable Overlay District:(S).....................................................................9-70
20.90.071
— Fire Facility Overlay District:(FF)...............................................................................9-71
20.90.072 — Commercial Nursery Overlay District:(N)..................................................................
9-73
20.90.073
— Public Improvements..................................................................................................9-73
20.90.080 — Discretionary Review and Amendments....................................................................
9-83
Chapter 20.91 — Reserved for future Specific Plan.......................................................................9-85
Chapter 20.92 — Reserved for future Specific Plan.......................................................................9-87
October 2010 Newport Beach Zoning Code, Title 20
Part 9 — Specific Plans
Exhibits
EXHIBIT 20.90-1
EXHIBIT 20.90-2
EXHIBIT 20.90-3
EXHIBIT 20.90-4
EXHIBIT 20.90-5
EXHIBIT 20.90-6
St.) .....................
EXHIBIT 20.90-7
EXHIBIT 20.90-8
EXHIBIT 20.90-9
LAND USE MAP.................................................................................................9-5
LANDSCAPE PLAN/BUFFER DIAGRAM.........................................................9-11
TYPICAL SECTION -- ACACIA STREET.........................................................9-13
TYPICAL SECTION -- BIRCH STREET AND MESA DRIVE (W. of Birch) ....... 9-15
TYPICAL SECTION — ORCHARD DRIVE (In Business Park District)..............9-17
TYPICAL SECTION — CYPRESS STREET AND MESA DRIVE (E. of Birch
...........................................................................................................................9-19
RESIDENTIAL EQUESTRIAN BUFFER DESIGN............................................9-27
BUSINESS PARK PARKING LOT LANDSCAPE DESIGN CONCEPTS .......... 9-29
RECREATION IMPROVEMENT PLAN............................................................9-81
Newport Beach Zoning Code, Title 20 October 2010
Chapter 20.90 — Santa Ana Heights Specific Plan
Sections:
20.90.010 — Establishment of Specific Plan District - Santa Ana Heights
20.90.015 — Purpose
20.90.020 — Design Guidelines
20.90.025 — Land Use Regulations
20.90.030 — Open Space and Recreation District: SP -7 (OSR).
20.90.035 — Residential Equestrian District: SP -7 (REQ).
20.90.037 — Residential Kennel District: SP -7 (RK).
20.90.040 — Residential Single Family District: SP -7 (RSF).
20.90.042 — Residential Multiple Family District: SP -7 (RMF).
20.90.044 — Horticultural Nursery District: SP -7 (HN).
20.90.045 — General Commercial District: SP -7 (GC)
20.90.050 — Business Park District: SP -7 (BP)
20.90.055 — Professional and Administrative Office District: SP -7 (PA)
20.90.060 — Professional, Administrative & Commercial Consolidation Dist.: SP -7 (PACC)
20.90.065 — Planned Development Combining District: (PD)
20.90.070 — Commercial Stable Overlay District: (S)
20.90.071 — Fire Facility Overlay District: (FF)
20.90.072 — Commercial Nursery Overlay District: (N).
20.90.073 — Public Improvements.
20.90.080 — Discretionary Review and Amendments.
20.90.010 — Establishment of Specific Plan District - Santa Ana Heights
A. Specific Plan District.
The provisions of this Chapter shall apply to all parcels within the boundaries of Santa
Ana Heights Specific Plan District #7, as shown on the "Land Use Map - Specific Plan
District #7" (Exhibit 20.90-1), incorporated herein and designated "SP -7" on the Zoning
Map.
B. Redevelopment Projects.
Redevelopment projects within the Santa Ana Heights Specific Plan District shall be
governed by the provisions of Chapter 15.65 of the Municipal Code.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
— This page intentionally left blank —
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
LAND USE MAP
SPECIFIC PLAN #7: SANTA ANA HEIGHTS
ILI
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EXHIBIT 20.90-1
0—
Landusoa
0ER
Open Spa- Recreation
pEQ
Residential Egicahiar!
f8[
- R -w nlial kernel
4
Resfd ntial Single Family
RArF
Residenbd Mulitple Family
FF
Generd Commercial
-'-RM—
HcrticuRuml Nursery
F. G
Susdneas Pak
VA
P,.& -i -d & Admiriatrative Oltice
P?LC;
Professiond & Admnstrative and
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qp
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[St
Commercial Stable overlay
{N!
Commercial Nursery Overlay
FF
Fae Facility 0-riay
-'-RM—
building Site (A—e
1'_75C
fd-inimum Area Per U61
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
— This page intentionally left blank —
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
20.90.015 — Purpose
The purpose of the Santa Ana Heights Specific Plan is to provide for the orderly and balanced
development of the community consistent with the Specific Plan's adopted land use plan and
with the stated goals and policies of the Land Use Element of the General Plan. In carrying out this
goal, the principal objectives are as follows:
1. Encourage the upgrading of existing residential neighborhoods and business
development areas.
2. Ensure well planned business park and commercial developments which are
adequately buffered from adjacent residential neighborhoods.
3. Encourage the consolidation of smaller contiguous lots in the business park area.
4. Ensure that business park and residential traffic are separated to the maximum
extent possible, while minimizing impact upon existing parcels.
5. Ensure adequate provision of public works facilities as development occurs.
6. Enhance equestrian opportunities within the residential equestrian neighborhood.
7. Enhance the overall aesthetic character of the community.
The preceding goals and objectives have guided the preparation of this Specific Plan and are
incorporated into the various components of the plan.
20.90.020 — Design Guidelines
A. Introduction.
The intent of the Santa Ana Heights Specific Plan design guidelines is to promote
a consistent, high quality character of development that will result in the overall
enhancement of the aesthetic character of the community. Use of these
guidelines in future project approvals will implement these objectives through the
careful use of building forms and materials, streetscape concepts, setback and
buffer areas and a unifying landscape concept. Combined, these elements will
provide a sense of identity to the specific plan area and development which will
complement existing and surrounding land uses while minimizing business park
development impacts to the adjacent REQ District.
Consolidation of smaller single lots within the business park area of Santa Ana
Heights can provide for more flexibility in the design of office development,
thereby enhancing the aesthetic character and cohesiveness of the development.
Lot consolidation is encouraged within the business park area through the
inherent benefits obtained when developing on larger consolidated parcels (e.g.,
the ability to dissolve setbacks along interior lot lines and to design more
efficiency into parking areas), which will provide better business park
development with fewer driveways and improve the overall community vehicular
circulation.
B. Architectural Guidelines for Business Park Uses. Due to the proximity of the
areas designated for business park uses and residential uses, it is the stated
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
objective of the City to provide architectural guidelines for business park uses
which will blend with and complement the residential areas of the community. In
order to achieve that goal, the following guidelines shall be of prime importance
in the consideration of future development proposals.
Building Massing/Form.
a. Building facades abutting streets shall not have the appearance of
excessive massing or bulk. The use of grading techniques and
grade changes should be considered in order to minimize mass
and bulk of buildings.
b. Special consideration shall be given architecturally to emphasize
pedestrian areas such as entry ways, walkways, and
courtyards/plazas (e.g., trellises, low parapet walls, extended roof
or patio overhangs).
C. Buildings clustered around a pedestrian area, such as a
courtyard/plaza, shall be designed to minimize excessive shading
and maximize light exposure.
d. Long, uninterrupted exterior walls shall be avoided on all
buildings. For architectural interest, walls shall incorporate relief
features, including building elements, articulation, window
treatment, and negative space to create an interesting blend with
the landscaping, other buildings and the casting of shadows.
Incorporation of small-scale elements such as planters, installation
of mature landscaping and landform manipulation will aid in
softening the overall mass of structures.
e. Particular consideration as to color, material, and form shall be
given to the design and treatment of roofs because of their
potential visual impact.
Roof flashing, rain gutters, downspouts and vents shall be treated
to match materials and/or colors of the overall building. All roof
equipment shall be screened with materials/colors consistent with
the treatment of the building.
g. Utilization of windows and balconies shall be encouraged in order
to extend interior space to the outside and to create a visual
connection with the exterior setting of courtyard or plaza areas.
However, usable balconies and unenclosed outside stairwells
shall not be used on walls facing the REQ District.
h. Walls and/or fences shall be used to screen utility and
maintenance structures/facilities and storage areas. These
surfaces shall match or be in harmony with the exterior finish of
any structure with which they are in contact.
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
Radical theme structures, signage, building and roof forms shall
be discouraged.
2. Exterior Building Materials. The following shall be used as predominant
exterior wall materials throughout the business park area. A combination
of these materials is encouraged to soften and add architectural variety
and interest to building facades.
a. Wood.
b. Brick, stone, rock or other appropriate accent materials.
C. Architecturally treated concrete, concrete masonry, and block.
These materials are to be painted or integrally colored in tones
ranging from whites to earth tones.
d. Stucco, with a machine -applied or smooth finish in natural gray or
colors ranging from whites to earth tones.
Accent materials and colors shall be coordinated to achieve a continuity
of design with the overall structure and surrounding structures.
3. Glazing. The use of glass shall be subdued and in harmony with the
building and the natural surroundings. Glazing shall be used
predominately for the purpose of lighting interior space. Glazing shall not
be used as a major architectural element, but may be used as an accent
feature to add variety to building facades. Mirrored glazing shall not be
used.
4. Building Entrances.
a. Site access, entrance drives and building entries shall be readily
observable and inviting to the first-time visitor.
b. Care shall be taken to provide minimum conflict between service
vehicles, private automobiles, and pedestrians.
C. Building entries shall be integrated with overall building form and
should be highlighted by such features as:
- entry porte-cocheres
- inviting pedestrian spaces such as plazas and fountains
- special planters and plantings
- textured hardscape
5. Building Rooflines.
a. Roofs may be sloped, in a hip, gable, or shed fashion. Flat roofs
are permissible.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
b. Simulated wood and slate materials, lightweight concrete and tile
roofs are encouraged and must meet Building and Fire Code
requirements. Highly reflective metal roofing material is prohibited.
Asphalt and fiberglass materials are permitted only on flat roofs
where screened from view.
C. In all cases, roof -mounted mechanical equipment shall be
screened from view from the adjacent streets and adjacent REQ
District residences with materials finished to match materials and
colors in the roof and building.
d. Uncovered trash enclosures shall not be located any closer than
40 feet from any property line abutting the REQ District and no
closer than ten feet from any side property line and shall not
exceed a height of 8 feet maximum abutting the BP District.
6. Energy Considerations. Passive solar design orientation is encouraged.
Solar collectors, if used, shall be oriented away from public view or
designed as an integral element of the roof structure.
7. Sound Attenuation. All interior building areas shall be mitigated for noise,
consistent with the General Plan Noise Element.
• i Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
LANDSCAPE PLAN/BUFFER DIAGRAM
0 1000 f=eet
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4Boundary• `
Business Park Landscape Theme Specific Plan „� ti p
10' BufferZone Landscaping
5
EXHIBIT 20.90-2
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
C. Landscape Guidelines. Landscape design is a crucial element in achieving a
distinctive development character and in blending the development with the
existing character of surrounding land uses. This character will be reinforced
through the coordinated design and selection of landscape and paving materials
and emphasis on special features such as entryways and signage. The overall
landscape and buffer theme for the specific plan area is illustrated in Exhibit
20.90-2. Guidelines are specified herein for the following landscape components
of the plan:
• Streetscape
• Entry treatment
• Buffer design
• Parking lot design
• Hardscape and street furniture design
• Landscape maintenance
1. Streetscape.
a. Business Park Streetscape - Acacia and Birch Streets, and
Orchard Drive.
Acacia Street, Birch Street and Orchard Drive roadways were originally
each designed with 2 11 -foot and 2 13 -foot travel lanes and a 6 -foot
walkway on either side. Acacia Street (within the Business Park District)
is designed with a 70 -foot right-of-way with 2 12 -foot travel lanes, a 12 -
foot median lane, an 8 -foot bikeway and a 9 -foot parkway that will include
a 6 -foot sidewalk on either side (Exhibit 20.90-3). Adjacent to the
walkways outside the right-of-way, a 10 -foot landscaped setback is
required. Should it be appropriate, road dimensions within right-of-way
may be modified as needed to accommodate existing structures. Birch
Street is now designed with an 80 -foot right-of-way and Orchard Drive is
designed with a 70 -foot right-of-way (Exhibits 20.90-4 and 20.90-5,
respectively). Birch Street will have the same improvements as Orchard
Drive but with the added feature of a 10 -foot median/left turn pocket. The
streetscape for the business park area will be installed by individual
property owners concurrent with development of approved projects.
Ongoing maintenance will be the responsibility of individual property
owners.
The 10 -foot landscaped front setback shall be bermed at a 3:1 slope and
planted with the designated street tree, Tristania conferta (Brisbane box),
in one row, 30 feet on center. All street trees shall be a minimum 24 -inch
box size when installed. Later phases of development must provide trees
in sizes comparable to existing trees, or the largest commercially
available.
M Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
EXHIBIT 20.90-3: TYPICAL SECTION -- ACACIA STREET
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
9-1
Newport Beach Zoning Code, Title 20
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October 2010
Santa Ana Heights Specific Plan 20.90
EXHIBIT 20.90-4: TYPICAL SECTION -- BIRCH STREET AND MESA DRIVE (W. of Birch)
October 2010 Newport Beach Zoning Code, Title 20
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October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
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• • Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
EXHIBIT 20.90-5: TYPICAL SECTION — ORCHARD DRIVE (In Business Park District)
October 2010 Newport Beach Zoning Code, Title 20
70' ROW
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October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
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M Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
EXHIBIT 20.90-6: TYPICAL SECTION — CYPRESS STREET AND MESA DRIVE (E. of Birch St.)
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
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M Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
To screen parking areas, the remainder of the landscaped setback
area shall be planted with a continual massing of shrubs and
groundcover using the following plant palettes:
Shrubs
Hemerocallis spp.
Hebe buxifolia `coed'
Pittosporum tobira `variegata'
Raphiolepsis indica
Agapanthus spp.
Pittosporum tobira `wheeleri'
Xylosma congestum
Trachelospermum jasminoides
Daylily
'Hebe'
Variegated tobira
India hawthorne
Lily -of -the -Nile
Dwarf tobira
Shiny xylosma
Star jasmine
All shrubs shall be a minimum size of five gallon.
Cmundrnver
Hedera Helix 'Hahns' English Ivy
Turf is discouraged.
b. Residential Streetscape - Cypress Street.
The Cypress Street roadway is designed with two twelve -foot
travel lanes, eight -foot on -street parking areas on each side of the
street and, on the east side of the street, a five -foot -wide sidewalk
adjacent to the street. On the west side of the street, a three-foot
planted parkway will be located adjacent to the curb along with
twelve -foot -wide equestrian trail (Exhibit 20.90-6). Funding for
implementation of the streetscape along Cypress Street may be
through an assessment district, redevelopment agency, or some
other future funding source. The surface of the equestrian trail
shall be one of the following:
• Compacted decomposed granite
• Existing soil, graded and compacted
A three and one -half -foot high split rail fence shall be installed on
both sides of the equestrian trail.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
C. Residential Streetscape - Mesa Drive.
The Mesa Drive roadway is planned with the same design
features as Cypress Street, with an equestrian trail on the south
side of the street and a pedestrian sidewalk on the north side.
Exhibit 20.90-6 illustrates the typical section for Cypress Street
and Mesa Drive east of Birch Street. Funding for implementation
of the streetscape may be through an assessment district,
redevelopment agency, or some other future funding source.
d. Residential Streetscape - Orchard Drive
The Orchard Drive roadway is designed with two twelve -foot travel
lanes and eight -foot on -street parking areas on each side of the
street. A ten -foot planted parkway will be located on the north side
of the street. On the south side of the street, a ten -foot planted
parkway provided with a meandering four -foot sidewalk. Funding
for implementation of the streetscape within the residential area of
Orchard Drive may be through an assessment district,
redevelopment agency or some other future funding source. The
streetscape improvements within the business park area will be
installed by individual property owners concurrent with
development of approved projects.
The ten -foot landscaped parkways shall be planted with the
designated street tree, Platanus acerifolia (London plane tree), in
one row, thirty feet on center. All street trees shall be a minimum
24 -inch box six when installed. The remainder of the landscaped
area shall be planted with Vinca minor groundcover.
2. Entry Treatments.
a. Business Park Entry Treatment
The primary purpose of entry treatment is the announcement of
entry into the specific plan area. For the business park area,
special entry treatment will be located at the intersection of Irvine
Ave. and Orchard Dr. and on Birch St. just south of the South
Bristol St. intersection (Exhibit 20.90-2). The two entry statements
should be identical in design in order to reinforce project continuity
and identification. These entries may include the following:
Landscape elements, i.e accent trees, shrubs, and
groundcover.
Entry monumentation.
Pedestrian crossings and signalization, if appropriate.
Recommended plant materials for the business park entryways
include the following:
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
Accent Trees:
Cupaniopsis Anacardioides Carrotwood
(multi -trunk)
Erythrina caffra Coral tree
(multi -trunk)
Jacaranda mimosifolia Jacaranda
(multi -trunk)
All accent trees shall be a minimum 24 -inch box size.
Shrubs:
Hemerocallis spp.
Daylily
Hebe buxifolia `coed'
Hebe
Pittosporum tobira `variegata'
Variegated tobira
Raphiolepsis indica
India hawthorne
Bougainvillea spp.
Bougainvillea
Agapanthus spp.
Lily -of -the -Nile
Abelia grandiflora
Glossy abelia
Photinia fraseri
Photinia
Pittosporum tobira 'wheeleri'
Dwarf tobira
Xylosma congestum
Shiny xylosma
Trachelospermum iasminoides
Starjasmine
Dodonea viscosa 'purpurea'
Hop seed bush
All shrubs shall be a minimum size of five gallon.
Groundcover:
Hedera Helix 'Hahns'
English Ivy
Gazania spp. Gazania
Entry Monumentation. Building materials to be used for
entry monumentation include the following:
• textured concrete
• wood
• stone
• masonry
• brick
b. Residential Entry Treatment.
For the residential areas, entry treatments will be located on
Orchard Drive between Birch and Cypress streets and at the
intersection of Mesa Drive and Acacia Street (Exhibit 20.90-2).
These entries should be identical in design and reflect a more
residential character in landscaping and signage, clearly
delineating to business park users the entrance to a residential
neighborhood. These entries may incorporate the following:
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
Landscape elements: accent trees, shrubs and groundcover.
Entry monumentation.
Pedestrian crossings, if appropriate.
Recommended plant materials for the residential entryways
include the following:
Accent Trees-
Melaleuca quinquenervia Cajeput tree
Jacaranda mimosifolia Jacaranda
(multi -trunk)
Liquidambar styraciflua American sweet gum
Callistemon citrinus Lemon bottlebrush
All accent trees shall be a minimum 24 -inch box size.
Shrubs:
Hemerocallis spp.
Daylily
Hebe buxifolia `coed'
Hebe
Pittosporum tobira 'variegata'
Variegated tobira
Raphiolepsis indica
India hawthorne
Bougainvillea spp.
Bougainvillea
Agapanthus spp.
Lily -of -the -Nile
Abelia grandiflora
Glossy abelia
Photinia fraseri
Photinia
Pittosporum tobira `wheeleri'
Dwarf tobira
Xylosma congestum
Shiny xylosma
Trachelospermum iasminoides
Starjasmine
Dodonea viscosa 'purpurea'
Hop seed bush
All shrubs shall be a minimum size of five gallon.
Groundcover:
Hedera Helix `Hahns'
Gazania spp.
English Ivy
Gazania
3. Buffer Design. Along all property lines where nonresidential uses abut
residential uses, a ten -foot wide landscape buffer shall be required in
order to screen and soften views from existing residential uses to
business park uses (see Exhibits 20.90-2 and 20.90-7). The concept for
planting the buffer areas will consist of a dense planting of trees and
shrubs incorporating both low and high vertical elements. These elements
will be combined with a six-foot high opaque wall at the property line.
Planting will consist of evergreen trees and shrubs, to include the
following:
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
Trees:
Pinus canariensis
Podocarpus gracilor
Cypress leylandii
Cupaniopsis anacardioides
Pittosporum undulatum
Pinus halepensis
Canary Island pine
Fern Pine
Cypress
Carrotwood tree
Victorian box
Aleppo pine
Trees shall be planted at 15 feet on center and shall include at
least one 24 -inch box tree, with adequate infill landscaping of
approved shrubs and groundcover. [clarified from County draft]
Shrubs:
Hemerocallis spp.
Daylily
Hebe buxifolia 'coed'
Hebe
Pittosporum tobira `variegate'
Variegated tobira
Raphiolepsis indica
India hawthorne
Bougainvillea spp.
Bougainvillea
Agapanthus spp.
Lily -of -the -Nile
Abelia grandiflora
Glossy abelia
Photinia fraseri
Photinia
Pittosporum tobira `wheeleri'
Dwarf tobira
Xylosma congestum
Shiny xylosma
Trachelospermum jasminoides
Starjasmine
Dodonea viscosa 'purpurea'
Hop seed bush
All shrubs shall be a minimum size of five gallon.
Groundcover:
Gazania spp. Gazania
Hedera Helix `Hahns' English Ivy
Heavy planting is recommended to screen views.
4 Parking Lot Design
Within parking areas, trees shall be provided at a minimum ratio of one
tree per four parking stalls. Planting islands shall be located not less than
every eight parking stalls. The planting islands shall be a minimum of
three feet wide and equal in length to the parking space it abuts (see
Exhibit 20.90-8). Landscaping in parking lot areas is to be protected by a
curb at least six inches in height. Recommended plant materials include
the following:
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
Trees:
Melaleuca quinquenervia Cajeput tree
Pinus canariensis Canary Island pine
Eucalyptus sideroxylon Red iron bark
Eucalyptus ficifolia Red -flowering gum
Cupaniopsis anacardiodes Carrotwood tree
Shrubs:
Hemerocallis spp.
Daylily
Hebe buxifolia `coed'
Hebe
Pittosporum tobira `variegata'
Variegated tobira
Raphiolepsis indica
India hawthorne
Bougainvillea spp.
Bougainvillea
Agapanthus spp.
Lily -of -the -Nile
Abelia grandiflora
Glossy abelia
Photinia fraseri
Photinia
Pittosporum tobira `wheeleri'
Dwarf tobira
Xylosma congestum
Shiny xylosma
Trachelospermum iasminoides
Starjasmine
Dodonea viscosa `purpurea'
Hop seed bush
All shrubs shall be a minimum size of five gallon.
. Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
EXHIBIT 20.90-7: RESIDENTIAL EQUESTRIAN BUFFER DESIGN
RESIDENTIAL EQUESTRIAN PROPERTY
M2
BUSINESS PARK, COMMERCIAL, OR
PROFESSIONAL ADMINISTRATIVE PROPERTY
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
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Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
EXHIBIT 20.90-8: BUSINESS PARK PARKING LOT LANDSCAPE DESIGN CONCEPTS
TYPICAL BUSINESS PARK PARKING LOT LANDSCAPE
TYPICAL BUSINESS PARK STREETSCAPE
October 2010 Newport Beach Zoning Code, Title 20 mm
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October 2010 Newport Beach Zoning Code, Title 20 mm
20.90 Santa Ana Heights Specific Plan
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Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
Groundcover:
Gazania spp.
Hedera Helix `Hahns'
Gazania
English Ivy
5. Hardscape and Street Furniture Design.
Hardscape and street furniture design elements incorporated into the
overall design theme for development in the specific plan area shall
include, but not be limited to: walls and fences, paving, light fixtures,
bollards, benches, trash receptacles and planters. Hardscape and street
furniture elements will function to allow a coordinated and consistent
visual and physical connection between buildings and landscape
materials within the specific plan area.
Building materials to be used as key hardscape elements are specified
below. All materials utilized for walls, fences, paving, lighting and street
furniture shall be coordinated with and be complementary to architectural
design details and materials.
a. Walls and Fences.
• Concrete masonry: integral color, 4" coursing maximum
• Brick: either red or in earth tones
• Concrete: Textured, bush -hammered, rock salt, sandblasted,
integral color in earth tones
• Wrought iron (as accents)
• Stucco: integral or painted color (same as building stucco
color or approved alternative)
b. Prosect and Individual Site Entry Paving (outside public R.O.W.).
• Concrete: integral color, rock salt, exposed aggregate finish
with brick or wood edges, or stamped concrete
• Paving brick: in earth tones
• Paving brick tile: in earth tones
• Textured concrete: in earth tones
• Precast rough -textured pavers: integral color
• Quarry tile: in earth tones
• Rough textured granite
• River washed stones/cobblestones
• Asphalt; use of asphalt with the above noted materials as
accent features is encouraged.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
C. Lighting Fixtures.
• The following lighting elements may be incorporated into site
plans for individual development proposals:
• Parking light standards
• Pedestrian pathways (bollard lights)
• Pedestrian plaza/courtyards (bollard lights)
• Landscape lighting
d. Miscellaneous Hardscape.
• Miscellaneous hardscape elements include bollards, benches,
trash receptacles and planters. All of these elements shall be
designed and located so as to complement and enhance the
building.
6. Landscape Maintenance. All landscaping shall be maintained as follows:
• All planting areas shall be kept free of weeds and debris.
• Lawn and groundcovers shall be kept trimmed and/or mowed
regularly.
• All plantings shall be kept in a healthy and growing condition.
• Fertilization, cultivation and tree pruning shall be carried out as part of
regular maintenance.
• Irrigation systems shall be kept in working condition. Adjustment and
cleaning of system shall be a part of regular maintenance.
• Stakes, guys and ties on trees shall be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling
to the stems.
• Damage to plantings created by vandalism, automobile or acts of
nature shall be corrected within 30 days.
20.90.025 — Land Use Regulations
A. Land Use Designations. The following land use designations are established for
the Santa Ana Heights Specific Plan area:
1. Open Space and Recreational District: SP -7 (OS/R).
2. Residential Equestrian District: SP -7 (REQ).
3. Residential Kennel District: SP -7 (RK).
4. Residential Single Family District: SP -7 (RSF).
5. Residential Multiple Family District: SP -7 (RMF)
6. Horticultural Nursery District: SP -7 (HN)
7. General Commercial District: SP -7 (GC).
8. Business Park District: SP -7 (BP).
9. Professional and Administrative Office District: SP -7 (PA).
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
10. Professional, Administrative, and Commercial Consolidation District: SP -
7 (PACC).
11. Planned Development Combining District (PD).
12. Commercial Stable Overlay District: (S).
13. Commercial Nursery Overlay District: (N).
Land use and development standards for Santa Ana Heights shall be in
accordance with Exhibit 20.90-1, "Land Use Map — Specific Plan District #7", and
the provisions of this Section.
B. Special Symbols. The following special symbols are hereby established for the
Santa Ana Heights Specific Plan Land Use Map (Exhibit 20.90-1)
Minimum Area Per Dwelling Unit. Consistent with Section 20.14.030, a
number following the district symbol and enclosed by parentheses shall
designate the minimum number of square feet of land area required for each
dwelling unit. Example: SP -7 (REQ) (12,750) = minimum 12,750 sq.ft. per
dwelling unit.
2. Minimum Building Site. A number following the district symbol preceded
by a hyphen shall designate the minimum building site required in acres.
Example: SP -7 (REQ) -2 = minimum building site of 2 acres.
3. Maximum Height. A number below the district symbol, with an underline
under the district symbol, shall designate the minimum building height in
feet.
C. Definitions. Except as otherwise specified below, the meaning and construction
of words, phrases, titles and terms used in this specific plan shall be the same as
provided in Part 7:
Commercial Kennel: Any property where four or more dogs, or four or
more cats, over the age of four months, are kept or maintained for the
purpose of financial gain, except veterinary clinics and hospitals.
2. Outdoor Living Area: Outdoor living area is a term used to define spaces
that are associated with residential land uses typically used for passive
recreational activities or other noise -sensitive uses. Such spaces include
patio areas, barbecue areas, jacuzzi areas, etc., associated with
residential uses. Outdoor areas usually not included in this definition are:
front yard areas, driveways, maintenance areas and storage areas
associated with residential land uses.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
D. Noise Mitigation.
1. All new or entirely reconstructed structures with habitable rooms (e.g.,
dwelling units, hotels, motels, convalescent homes and hospitals)
shall be sound attenuated against present and projected noise, which
shall be the sum of all noise impacting the structure, so as not to
exceed a standard of 45 dB CNEL in all habitable rooms. In
conjunction with this construction, all associated outdoor living areas
shall be sound attenuated, if necessary, against present and
projected highway noise so as not to exceed a standard of 65 dB
CNEL. Prior to the issuance of any building permits for such
development, an Acoustical Analysis Report describing the sound
attenuation measures required to satisfy the noise standards shall be
prepared by a City -approved acoustical consultant and submitted to
the Building Director for approval. The report shall include satisfactory
evidence indicating that the sound attenuation measures have been
incorporated into the design of the project.
2. All nonresidential structures shall be sound attenuated against the
combined impact of all present and projected noise from exterior
noise sources as necessary to meet the interior noise criteria of the
General Plan Noise Element. Prior to the issuance of any building
permits, evidence prepared by a City -approved acoustical consultant
that these standards will be satisfied in a manner consistent with
applicable zoning regulations shall be submitted to the Building
Director in the form of an Acoustical Analysis Report describing in
detail the exterior noise environment and the acoustical design
features required to achieve the interior noise standard and which
indicate that the sound attenuation measures specified have been
incorporated into the design of the project.
3. Prior to the issuance of a building permit for a structure that
penetrates the 100:1 Notice Surface pursuant to FAR Part 77.13, the
project applicant shall submit a "Notice of Proposed Construction" to
the Federal Aviation Administration (FAA), which will initiate an
Aeronautical Study of the project by the FAA. Upon completion of the
FAA Aeronautical Study, the project applicant shall submit evidence to
the Building Director that restrictions and conditions, if any, imposed
on the project by the FAA have been incorporated into the design of
the project.
4. All projects including, but not limited to, General Plan Amendments
and Zone Changes, within the project area pertinent to the Airport
Land Use Commission's (ALUC) John Wayne Airport "Airport
Environs Land Use Plan" shall be referred to ALUC until such time as
the City becomes a "Consistent Local Agency" as defined by ALUC.
For purposes of this requirement, the term "project" shall include
those applications requiring discretionary approvals, tentative tract
map or parcel map approvals or modifications, and/or condominium
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
conversions. Such projects shall not include minor modifications, such
as remodels and additions to single family dwelling units with no
intensification of development.
20.90.030 — Open Space and Recreation District: SP -7 (OSR).
A. Purpose and Intent. The SP -7 (OSR) District is established to ensure the long-
term use and viability of the Newport Beach Golf Course.
B. Principal Uses Permitted.
1. The following principal use is permitted:
a. Local and buffer greenbelts.
2. The following principal use is permitted subject to the approval of a
Minor Use Permit per Part 5 of Title 20:
a. Public/private utility buildings and structures.
3. The following principal uses are permitted subject to the approval of a
use permit by the Planning Commission per Part 5 of Title 20:
a. Golf courses.
b. Outdoor commercial recreation.
C. Accessory Uses Permitted. Accessory uses and structures are permitted when
customarily associated with and subordinate to a principal permitted use on the
same building site including:
1. Detached buildings.
2. Fences and walls.
3. Signs per Chapter 20.42. No sign shall exceed six square feet in area
unless otherwise approved through a Comprehensive Sign Permit or
Modification Permit in accordance with Chapter 20.42 and Part 5 of Title
20.
4. Restrooms.
5. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this district.
D. Prohibited Uses. The following uses are specifically prohibited:
1. All uses not listed in this Section as permitted.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
E. Site Development Standards.
1. Building site area. One acre minimum.
2. Building height. 18 feet maximum unless otherwise provided for by an
approved use permit.
3. Building setbacks. 20 feet minimum from all property lines.
4. Off-street parking. Per Chapter 20.40.
5. Lighting. All lighting shall be designed and located so that direct light rays
are confined to the premises.
20.90.035 — Residential Equestrian District: SP -7 (REQ).
A. Purpose and Intent. The SP -7 (REQ) District is established to provide for the
development and maintenance of a single family residential neighborhood in
conjunction with limited equestrian uses. A rural character with an equestrian
theme shall predominate.
B. Principal Uses Permitted.
1. The following principal uses are permitted.
a. Single family detached dwellings or single family mobile homes
(one per building site).
b. Residential care facilities, small licensed.
C. Parks, playgrounds, and athletic fields (noncommercial).
d. Riding and hiking trails.
e. Small family child care homes (See Section 20.48.070: Day Care
Facilities).
2. The following principal uses are permitted subject to the approval of a
Minor Use Permit per Part 5 of Title 20:
a. Communication transmitting, reception, or relay facilities.
b. Public/private utility buildings and structures.
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
C. Large family child care homes (See Section 20.48.070: Day Care
Facilities).
3. The following principal uses are permitted subject to the approval of a use
permit by the Planning Commission per Part 5 of Title 20:
a. Fire and police stations.
b. Churches, temples, and other places of worship.
C. Educational institutions.
d. Libraries.
e. Any other use which the Planning Commission finds consistent with
the purpose and intent of this district.
C. Temporary Uses Permitted. The following temporary uses are permitted, subject
to approval of a Limited Term Permit per Part 5 of Title 20:
1. Continued use of an existing building during construction of a new
building.
2. Mobile home residence during construction.
D. Accessory Uses Permitted. Accessory uses and structures are permitted when
customarily associated with and subordinate to a principal permitted use on the
same building site including:
1. Garages and carports.
2. Swimming pools.
3. Fences and walls.
4. Patio covers.
5. Signs per Chapter 20.42. No sign shall exceed six square feet in area
unless otherwise approved through a Comprehensive Sign Permit or
Modification Permit in accordance with Chapter 20.42 and Part 5 of Title
20.
6. Home occupations per Section 20.48.110.
7. The keeping of the following animals for the recreational enjoyment of
persons residing on the same building site, subject to the noted
restrictions:
a. Any animal if kept exclusively within the residence.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
b. Horses and ponies, limited to the following (offspring exempt up to
the age of eight months):
Size of Building
Site (sq. ft.)
Maximum Number
Permitted
Less than 10,000
1
10,000 to 15,000
2
Greater than 15,000
3 to 6 with use permit
*Use permits shall be processed in accordance with
Paragraph G of this Section.
C. Goats, sheep, pigs and cows only on building sites greater than
15,000 square feet in size and limited to: a) no more than two adult
animals of any one species per building site and b) no more than a
total of six adult animals, including horses and ponies, per building
site. Offspring are exempt until such time as they are weaned.
d. Rabbits, chickens and ducks, limited to no more than a total of six of
such animals per building site.
e. Up to three dogs and three cats. Offspring are exempt up to the age
of four months. The keeping of four or more dogs or four or more
cats over the age of four months is also permitted subject to
obtaining an animal permit per County health regulations.
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
f. Minimum setbacks for the keeping of animals shall be as follows:
8. Granny unit, attached or detached, in conformance with Section
20.48.200, subject to the approval of a Minor Use Permit per Part 5 of
Title 20.
9. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this District.
E. Prohibited Uses. The following uses are specifically prohibited:
1. All uses not listed in this Section as permitted.
2. The storage of vehicles, equipment, or products related to commercial
activities not permitted in this district.
3. The keeping of animals for any commercial purpose except in the
Commercial Stable (S) District, where applicable.
4. Commercial kennels.
5. Apiaries.
6. Aviaries.
F. Site Development Standards.
1. Building Site Area. 19,800 square feet minimum. (Minimum site area does
not apply to parcels in existence prior to October, 1986).
2. Building Height. 35 feet maximum. Roof -mounted mechanical equipment
shall not be visible from any existing dwelling unit located 300 feet or less
from the subject building site.
3. Building Setbacks.
October 2010 Newport Beach Zoning Code, Title 20
From
From
From
Property
Property
Ultimate
Line
Line
Street Right-
Abutting
Abutting
of -Way Line
RSF or BP
REQ District
Districts
Front Side
Front Side
Front Side
All structures housing
animals (e.g. corrals,
50 20
25 25
5* 5*
pens, stalls, cages,
25 10
0 0
0 0
-doghouses)
Exercise areas
*Required for covered portions of structures only
8. Granny unit, attached or detached, in conformance with Section
20.48.200, subject to the approval of a Minor Use Permit per Part 5 of
Title 20.
9. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this District.
E. Prohibited Uses. The following uses are specifically prohibited:
1. All uses not listed in this Section as permitted.
2. The storage of vehicles, equipment, or products related to commercial
activities not permitted in this district.
3. The keeping of animals for any commercial purpose except in the
Commercial Stable (S) District, where applicable.
4. Commercial kennels.
5. Apiaries.
6. Aviaries.
F. Site Development Standards.
1. Building Site Area. 19,800 square feet minimum. (Minimum site area does
not apply to parcels in existence prior to October, 1986).
2. Building Height. 35 feet maximum. Roof -mounted mechanical equipment
shall not be visible from any existing dwelling unit located 300 feet or less
from the subject building site.
3. Building Setbacks.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
a. Front setback: 20 feet minimum.
b. Side setback: 5 feet minimum.
C. Rear setback: 25 feet minimum.
4. Off -Street Parking. Per Chapter 20.40.
5. Lighting. All lighting shall be designed and located so that direct light rays
are confined to the premises.
G. Use Permit Procedures.
Purpose and Intent. Within the REQ District, most lots are relatively small
(less than one-half acre), narrow (66 feet wide), and surrounded by
existing tract housing, existing retail commercial uses and proposed
business park development. Due to the unique size and configuration of
these lots and their close proximity to more urbanized uses, it is
necessary to require a use permit for the noncommercial keeping of
horses and ponies for the purpose of ensuring compatibility with
surrounding land uses. It is the intent of the City to provide for annual
inspections of such equestrian facilities by all pertinent authorities,
including Vector Control, Animal Control, Environmental Health,
Regulation Enforcement, and others as necessary to ensure that the
regulations set forth below are properly implemented.
2. Use Permit Required. Property owners or tenants keeping more than 2
horses and/or ponies over the age of 8 months on a single building site
within the REQ District shall obtain an annual use permit approved by the
Planning Director per Part 5 of Title 20. After 1 year from the effective
date of these regulations, any property owner or tenant introducing or
adding horses and/or ponies onto properties within the REQ District shall,
within 1 month, obtain a Recreational Horse Permit if the total number of
such animals over the age of eight months exceeds 2. The Planning
Director shall issue a permit for the keeping of such animals upon receipt
of the fee established by the City Council, if any, provided, in the
Director's opinion, 1) such animals are being kept or maintained without
endangering the safety and comfort of the inhabitants of the
neighborhood, and 2) the property owner or tenant has complied with the
regulations of the REQ District. Failure to comply with these regulations
or any conditions imposed by the Planning Director shall constitute cause
for denial or revocation of such permit. Any person whose application for
a use permit is denied or revoked under the terms of these Specific Plan
regulations may appeal the decision of the Planning Director to the
Planning Commission in accordance with the procedures set forth in Part
5 of Title 20. Use permits shall be non -transferable and must be renewed
annually.
WL 1 Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
3. Permit Regulations. The following regulations shall apply:
a. The property owner or tenant shall initiate and maintain a program
of proper manure management. The property owner or tenant
shall provide for the daily collection of manure from in and around
corrals and exercise areas. Manure shall be stored in covered
containers. In no case shall manure be permitted to remain in any
container for a period exceeding seven days.
b. A program of continuous dust control of the entire premises shall
be carried out. A method for light watering of arenas and exercise
areas shall be maintained. In lieu of watering, chemical control of
dust may be permitted.
C. There shall be adequate and effective control of insects and
rodents and such control shall be vigorously maintained at all
times. All dry grains and pellets shall be stored in rodent -proof
containers (i.e., well sealed and preferably metal containers). Hay
shall be stored on a raised platform with a minimum six-inch
clearance above the surrounding area.
d. Combustible materials and/or solutions shall be maintained a
minimum of 25 feet from all residential structures and structures
housing animals.
e. The property owner or tenant shall allow no animal to constitute or
cause a hazard or be a menace to the health, safety, or peace of
the community. The property owner or tenant shall keep all
animals in such manner as may be prescribed to protect the
animals from the public and the public from the animals.
The property owner or tenant shall make every reasonable effort
to recapture every animal that escapes. Escapes of animals
wherein the recapture of the animal can not be immediately
accomplished shall be reported to City Animal Control.
H. Dumpster Regulations. Dumpsters shall not be placed within the front setback
area of a building site for a single family residence built after January 1, 2000 or
any residence being remodeled and/or repaired at a cost of more than 25% of
the value of the existing residence. Dumpsters shall be effectively screened from
view from the street right-of-way with appropriate screening material, i.e., block
wall or wood fencing at a minimum height to completely screen the container.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
20.90.037 — Residential Kennel District: SP -7 (RK).
A. Purpose and Intent. The RK District is established to provide for the development
and maintenance of a neighborhood which includes single family residences in
conjunction with commercial kennel businesses.
B. Principal Uses Permitted.
The following principal uses are permitted:
a. Single family detached dwellings or single family mobile homes (one
per building site).
b. Community care facilities serving six or fewer persons and large
family day care homes.
C. Parks, playgrounds, and athletic fields (noncommercial).
d. Riding and hiking trails.
2. The following principal uses are permitted subject to the approval of a
Minor Use Permit per Part 5 of Title 20:
a. Communication transmitting, reception, or relay facilities.
b. Public/private utility buildings and structures.
3. The following principal uses are permitted subject to the approval of a
use permit by the Planning Commission per Part 5 of Title 20:
a. Commercial kennels when in conjunction with a single family
residence on the same building site, subject to obtaining a kennel
license pursuant to Chapter 7.35 of the Municipal Code.
b. Any other use which the Planning Commission finds consistent with
the purpose and intent of this district.
C. Temporary Uses Permitted. The following temporary uses are permitted, subject
to approval of a Limited Term Permit per Part 5 of Title 20:
1. Continued use of an existing building during construction of a new
building.
2. Mobile home residence during construction.
D. Accessory Uses Permitted. Accessory uses and structures are permitted when
customarily associated with and subordinate to a principal permitted use on the
same building site, to include:
Garages and carports.
2. Swimming pools.
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
3. Fences and walls.
4. Patio covers.
5. Signs per Chapter 20.42. No sign shall exceed six square feet in area
unless otherwise approved through a Comprehensive Sign Permit or
Modification Permit in accordance with Chapter 20.42 and Part 5 of Title
20.
6. Home occupations per Section 20.48.110.
7. The keeping of the following animals for the recreational enjoyment of
persons residing on the same building site, subject to the noted
restrictions:
a. Any animal if kept exclusively within the residence.
b. Up to three dogs and three cats. Offspring are exempt up to the age
of four months. The keeping of four or more dogs or four or more
cats over the age of four months is also permitted subject to
obtaining a kennel operator permit pursuant to Chapter 7.35 of the
Municipal Code.
C. Accessory buildings used for the keeping of animals shall not be
less than 60 feet from the front property line nor less than 20 feet
from any side or rear property line.
8. Granny unit, attached or detached, in conformance with Section
20.48.200, subject to approval of a Minor Use Permit.
9. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this district.
E. Prohibited Uses. The following uses are specifically prohibited:
1. All uses not listed in this Section as permitted.
2. The storage of vehicles, equipment, or products related to commercial
activities not permitted in this district.
3. Apiaries.
4. The keeping of animals, except dogs and cats, other than in the
residence.
F. Site Development Standards.
1. Building Site Area. 8,000 square feet minimum.
2. Building Height. 35 feet maximum.
3. Buildina Setbacks. except for commercial kennels
a. Front setback: 20 feet minimum.
b. Side setback: 5 feet minimum.
C. Rear setback: 25 feet minimum.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
4. Kennel Facilities. Commercial kennel facilities shall be located in
compliance with the following:
a. Location of Attached Accessory Structures. Accessory structures
which are attached to a main building shall comply with the setback
requirements for a main building.
b. Location of Detached Accessory Structures. For the purposes of this
Section, detached accessory structures are those which are
separated from a main building by a minimum open clear space of
30 inches. Detached accessory structures shall be permitted
anywhere on the building site except within the following areas:
(1) Within the ultimate right-of-way.
(2) Within the area designated on an approved building line plan as
a setback area applicable to accessory buildings.
(3) Within those areas where fences and walls are limited to a
maximum height of 3'/2 feet per the Municipal Code.
(4) Within the front 50 feet or front one-half of any building site,
whichever is less.
(5) Within the panhandle portion of a panhandle building site.
5. Off -Street Parking. Per Chapter 20.40
6. Lighting. All lighting shall be designed and located so that direct light rays
are confined to the premises.
G. Special Regulations.
Building Site Area. An amendment to a valid use permit or certificate of
use and occupancy for a commercial kennel may be approved
administratively by the Planning Director, and shall not require an
Acoustical Analysis Report per Paragraph G-2 of this Section if all of the
following conditions apply:
a. The proposed change does not increase the overall size of the
facility by more than 10% from that shown on the current plot plan;
b. The proposed change does not increase the number of dog runs
from that shown on the current plot plan;
C. The proposed change does not intensify any accessory uses (e.g.,
grooming parlor, sale of pet supplies, training classes) allowed by
the current permit and does not provide for any additional accessory
uses;
d. The proposed change is consistent with the setback standards for
kennel facilities as set out in Paragraph F of this Section; and
JkM Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
e. The proposed change satisfies the required findings for use permits
in Part 5 of Title 20.
2. For all new commercial kennels or for structural modifications to existing
kennel facilities requiring a use permit, an Acoustical Analysis Report and
appropriate plans shall be submitted describing the noise generating
potential of the proposed project and proposed attenuation measures to
assure compliance with Municipal Code Chapter 10.26 (Community Noise
Control). The report shall be prepared by a City -approved acoustical
consultant and submitted to the Building Director for review and approval.
The approved attenuation features shall be incorporated into the plans
and specifications of the project
20.90.040 — Residential Single Family District: SP -7 (RSF).
A. Purpose and Intent. The RSF District is established to provide for the
development and maintenance of medium density single family detached
residential neighborhoods. Only those uses are permitted that are
complementary to and can exist in harmony with such a residential
neighborhood.
B. Principal Uses Permitted.
1. The following principal uses are permitted:
a. Single-family detached dwellings or single family mobile homes
(one per building site);
b. Residential care facilities, small licensed.
C. Parks, playgrounds, and athletic fields (noncommercial);
d. Riding and hiking trails.
e. Small family child care homes (See Section 20.48.070: Day Care
Facilities).
2. The following principal uses are permitted subject to the approval of a
Minor Use Permit per Part 5 of Title 20:
a. Communication transmitting, reception, or relay facilities;
b. Public/private utility buildings and structures;
C. Large family child care homes (see Section 20.48.070 (Day Care
Facilities)).
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
3. The following principal uses are permitted subject to the approval of a use
permit by the Planning Commission per Part 5 of Title 20:
a. Fire and police stations;
b. Churches, temples, and other places of worship;
C. Any other use which the Planning Commission finds consistent
with the purpose and intent of this district.
C. Temporary Uses Permitted. The following temporary uses are permitted, subject
to approval of a Limited Term Permit per Part 5 of Title 20:
1. Continued use of an existing building during construction of a new
building.
2. Mobile home residence during construction.
D. Accessory Uses Permitted. Accessory uses and structures are permitted when
customarily associated with and subordinate to a principal permitted use on the
same building site including:
1. Garages and carports.
2. Swimming pools.
3. Fences and walls.
4. Patio covers.
5. Signs per Chapter 20.42. No sign shall exceed six square feet in area
unless otherwise approved through a Comprehensive Sign Permit or
Modification Permit in accordance with Chapter 20.42 and Part 5 of Title
20.
6. Home occupations per Section 20.48.110.
7. The noncommercial keeping of pets and animals as follows:
8. The noncommercial keeping of pets and animals weighing less than 300
pounds and not prohibited per Paragraph E. of this Section (Prohibited
Uses), subject to the following standards: pens, cages, and other
structures specifically for the keeping of animals other than in the
residence, shall be located at least 25 feet from any residential window
located on an adjoining building site. Exceptions to the above may be
provided for by a use permit approved by the Planning Director.
9. The noncommercial keeping of horses on land immediately adjacent to
the Recreation Equestrian District (REQ), provided that no horse shall be
. Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
permitted on a building site containing less than 10,000 square feet of
land area, and pens, cages, and other structures specifically for the
keeping of horse shall be located at least 50 feet from and residential
window located on an adjoining building site. One or two adult horses are
permitted on a building site containing between 10,000 and 15,000
square feet of land area. One additional adult horse may be kept for each
additional 10,000 square feet, with a maximum of six horses on any one
building site. The offspring of such animals shall be considered adults
when eight months old. Exceptions to the above may be provided for via
a use permit approved by the Planning Director.
10. Any nonconforming use of any property within this district for the
maintenance of pets and animals other than those enumerated in this
section shall be terminated within one year of the enactment of this
section. In any case in which a building in excess of 600 square feet has
been erected pursuant to a validly -issued permit for the maintenance of
pets and animals, the amortization period of continuation of such use
shall be extended for four additional years.
11. Granny unit, attached or detached, in conformance with Section
20.48.200, subject to the approval of a Minor Use Permit per Part 5 of
Title 20.
12. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this district.
E. Prohibited Uses. The following uses are specifically prohibited:
All uses not listed in this Section as permitted.
2. The storage of vehicles, equipment, or products related to commercial
activities not permitted in this district.
3. The keeping of animals for any commercial purpose unless provided for
by an approved use permit.
4. Apiaries.
F. Site Development Standards.
Building Site Area. 7,200 square feet minimum, except as otherwise
identified on the Land Use District Map.
2. Building Height. 35 feet maximum. Roof -mounted mechanical equipment
shall not be visible from any existing dwelling unit located 300 feet or less
from the subject building site.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
3. Building Setbacks.
a. Front setback: 20 feet minimum.
b. Side setback: 5 feet minimum.
c. Rear setback: 25 feet minimum.
4. Off -Street Parking. Per Chapter 20.40.
5. lighting. All lighting shall be designed and located so that direct light rays
are confined to the premises.
20.90.042 — Residential Multiple Family District: SP -7 (RMF).
A. Purpose and Intent. The RMF District is established to provide for the
development and maintenance of high-density multi -family residential
neighborhoods with a moderate amount of open space. Only those uses are
permitted that are complementary to and compatible with such a residential
neighborhood.
B. Principal Uses Permitted.
The following principal uses are permitted:
a. Multi -family projects of 4 or less dwelling units.
b. Single family detached dwellings or single family mobile homes (one
per building site).
C. Community care facilities serving six or fewer persons and large
family day care homes.
d. Parks, playgrounds, and athletic fields (noncommercial).
e. Riding and hiking trails.
2. The following principal uses are permitted subject to the approval of a
Minor Use Permit per Part 5 of Title 20:
a. Multi -family projects of 5 or more dwelling units.
b. Communication transmitting, reception, or relay facilities.
C. Public/private utility buildings and structures.
3. The following principal uses are permitted subject to the approval of a
use permit by the Planning Commission per Part 5 of Title 20:
a. Fire and police stations.
b. Churches, temples, and other places of worship.
C. Mobilehome parks and subdivisions.
d. Residential condominium, stock cooperative and community
apartment projects Title 19 (Subdivision Code).
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
e. Any other use which the Planning Commission finds consistent with
the purpose and intent of this district.
C. Temporary Uses Permitted. The following temporary uses are permitted, subject
to approval of a Limited Term Permit per Part 5 of Title 20:
1. Continued use of an existing building during construction of a new
building.
2. Mobile home residence during construction.
D. Accessory Uses Permitted. Accessory uses and structures are permitted when
customarily associated with and subordinate to a principal permitted use on the
same building site including:
1. Garages and carports.
2. Swimming pools.
3. Fences and walls.
4. Signs per Chapter 20.42. No sign shall exceed six square feet in area
unless otherwise approved through a Comprehensive Sign Permit or
Modification Permit in accordance with Chapter 20.42 and Part 5 of Title
20.
5. Home occupations per Section 20.48.110.
6. The noncommercial keeping of pets and animals.
7. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this district.
E. Prohibited Uses. The following uses are specifically prohibited:
1. All uses not listed in this Section as permitted.
2. The storage of vehicles, equipment, or products related to commercial
activities not permitted in this district.
3. The keeping of animals for any commercial purpose unless provided for
by an approved use permit.
F. Site Development Standards.
1. Building Site Area. 7,200 square feet minimum.
2. Building Height. 35 feet maximum.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
3. Area per unit. 3,000 square feet minimum net land area per dwelling unit
except as otherwise identified on the Land Use District Map.
4. Distance Between Principal Structures. 15 feet minimum.
5. Building Setbacks.
a. Front setback: 20 feet minimum.
b. Side setback: 5 feet minimum.
c. Rear setback: 25 feet minimum.
6. Off -Street Parking. Per Chapter 20.40.
7. lighting. All lighting shall be designed and located so that direct light rays
are confined to the premises.
20.90.044 — Horticultural Nursery District: SP -7 (HN).
A. Purpose and Intent. The HN District is established to ensure the long-term use
and viability of the horticultural nursery uses located along Orchard Drive in the
western section of Santa Ana Heights.
B. Principal Uses Permitted.
1. The following principal use is permitted:
a. Wholesale plant nurseries.
2. The following principal use is permitted subject to the approval of a
Minor Use Permit per Part 5 of Title 20:
a. Public/private utility buildings and structures.
C. Temporary Uses Permitted. Temporary uses are permitted subject to approval of
a Limited Term Permit per Part 5 of Title 20.
D. Accessory Uses Permitted. Accessory uses and structures are permitted when
customarily associated with and subordinate to a principal permitted use on the
same building site including:
1. Detached buildings.
2. Fences and walls.
I Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
3. Signs. Signs are permitted subject to the provisions of Chapter 20.42. No
sign shall exceed 25 square feet in area or be lighted or illuminated
unless otherwise approved through a Comprehensive Sign Permit or
Modification Permit in accordance with Chapter 20.42 and Part 5 of Title
20.
4. Any other accessory uses or structures which the Planning Director finds
consistent with the purpose and intent of this district.
E. Prohibited Uses. The following uses are specifically prohibited:
1. All uses not listed in this Section as permitted.
2. Retail nurseries.
3. The commercial stockpiling or processing of manure.
F. Site Development Standards.
Building Site Area. 28,000 square feet minimum.
2. Building Site Width. 70 feet minimum
3. Building Height. 35 feet maximum.
4. Building Setbacks.
a. Front setback: 20 feet minimum.
b. Side setback: 5 feet minimum.
c. Rear setback: 25 feet minimum.
5. Off -Street Parking. Per Chapter 20.40.
6. Lighting. All lighting shall be designed and located so that direct light rays
are confined to the premises.
20.90.045 — General Commercial District: SP -7 (GC)
A. Purpose and Intent. The GC District is established to provide regulations for the
commercial areas along South Bristol street and to ensure the continuation of
commercial uses which offer a wide range of goods and services to both the
surrounding residential and business community. It is intended to promote the
upgraded aesthetic image of the community and reduce conflicts between
commercial and residential uses.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
B. Principal Uses Permitted.
The following principal uses are permitted subject to the approval of a
Minor Use Permit per Part 5 of Title 20:
a. Retail businesses.
b. Service businesses.
C. Professional and administrative offices.
d. Civic and governmental uses.
e. Financial institutions.
f. Print shops.
g. Animal clinics and hospitals.
h. Automobile parking lots and structures per Chapter 20.40.
i. Automobile repair specialty shops.
j. Automobile dealerships.
k. Churches, temples, and other places of worship.
I. Commercial recreation.
m. Communication transmitting, reception or relay facilities.
n. Day nurseries.
o. Hotels and motels.
p. Public/private utility buildings and structures.
q. Restaurants.
r. Wholesale business offices with samples on the premises but not to
include general storage.
2. The following principal uses are permitted subject to the approval of a use
permit by the Planning Commission per Part 5 of Title 20:
a. Automobile washing.
b. Mini -storage facilities.
C. Retail sale of building materials.
d. Automobile service stations per Section 20.48.210.
e. Convalescent homes.
f. Commercial kennels subject to issuance of a kennel license in
accordance with Section 7.04.090 of the Municipal Code.
g. Helistops.
h. Hospitals.
i. Milk processing and distribution in connection with retail dairy
outlets.
j. Mortuaries.
k. Sanitariums, mental and health.
I. Any other use which the Planning Commission finds consistent with
the purpose and intent of this district.
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
C. Temporary Uses Permitted. Temporary uses are permitted subject to approval of
a Limited Term Permit per Part 5 of Title 20.
D. Accessory Uses Permitted.
customarily associated with
same building site including:
Detached buildings.
2. Fences and walls.
Accessory uses and structures are permitted when
and subordinate to a principal permitted use on the
3. Signs. The following signs shall be permitted, subject to the restrictions
specified and the provisions of Chapter 20.42:
a. Wall Signs — Business or identification wall signs shall not exceed 1
square foot of sign area for each linear foot of frontage of the
building, or portion thereof, involved. The total aggregate sign area
for such signs shall not exceed 150 square feet for each business. If
the building frontage of any business is less than 25 square feet,
only one sign, with a maximum area of 25 feet, shall be permitted
for each business.
b. Monument/Ground Signs — One business or identification sign,
including the foundation, not exceeding 50 square feet in area or
four feet in height may be permitted on each additional street
frontage that is in excess of 99 feet in length.
C. Larger Monument/Ground Signs — A business or identification sign,
including the foundation, measuring more than 50 square feet in
area and/or exceeding 4 feet in height may be permitted subject to a
use permit approved by the Planning Commission per Part 5 of Title
20. Applications for signs shall be accompanied by scale drawings
indicating the size, sign copy, color, method and intensity of
illumination, height, sign area, and location of all signs on the
building site.
d. Temporary Pole Signs — Temporary non -illuminated construction
signs, real estate signs, and travel direction signs are permitted.
However, no such sign shall be more than 16 feet in height or the
following square feet in area:
• Construction Project Signs: 32 square feet maximum.
• Real Estate Signs: For residential building sites with four or less
units, six square feet. For residential building sites with five or
more units, 32 square feet. For non-residential, 32 square feet.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
Off -Site Travel Directional Signs: Subject to approval of a
Limited Term Permit per Part 5 of Title 20. Sign location(s),
number, and area shall be as specified in the permit. (For
purposes of this Specific Plan, "travel direction sign" shall mean
a sign to inform the motorist as to the route or direction of travel
in order to arrive at the residential development project for sale
or rent to which it pertains.)
e. Permanent Pole Signs — Business and identification pole signs may
be permitted subject to a use permit approved by the Planning
Commission per Part 5 of Title 20. Applications for such pole signs
shall be accompanied by scale drawings indicating the size, sign
copy, color, method and intensity of illumination, height, sign area,
and location of all signs on the building site.
Sign Programs — Multiple building sites that share a common access
may develop a sign program subject to approval of a
Comprehensive Sign Program by the Zoning Administrator per
Chapter 20.42. Applications for such sign programs shall be
accompanied by scale drawings indicating the size, sign copy, color,
method and intensity of illumination, height, sign area, and location
of all signs on the building site.
g. Other Signs — Except for signs specifically prohibited below, any
sign may be permitted subject to a use permit approved by the
Planning Commission per Part 5 of Title 20.
h. Prohibited Signs — The following signs are specifically prohibited:
• Outdoor advertising signs or billboards.
• Roof and projecting signs.
• Banner signs.
• Electronic message board signs.
• Portable signs.
• Electronic flashing/blinking signs.
• Rotating signs.
4. Any other accessory uses or structures which the Planning Director finds
consistent with the purpose and intent of this district.
E. Prohibited Uses. The following uses are specifically prohibited:
1. All uses not listed in this Section as permitted.
2. Automobile repair, tire retreading, fender and body repair and paint
shops.
3. Automobile wrecking, junk and salvage yards.
4. Bottling plants.
5. Rental and sales agencies for agricultural, industrial and reconstruction
equipment.
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
6. Warehouses, contractors' storage and equipment yards, work and
fabricating areas.
7. Welding shops.
8. Drive-through facility or restaurant abutting the REQ District, unless
approved prior to September 20, 1996.
F. Site Development Standards.
1. Floor Area Ratio (FAR). Maximum of 0.5.
2. Buildinq Site Area. No minimum required.
3. Building Height. 35 feet maximum.
4. Buildina Setbacks.
a. Front Setback: No minimum required.
b. Side Setback: No minimum required, except where a side property
line abuts a residential district, in which case a minimum setback of
10 feet is required.
C. Rear Setback: No minimum required, except where a rear property
line abuts a residential district, in which case a minimum setback of
10 feet is required. A minimum setback of 5 feet is required adjacent
to an alley.
5. Vehicular Access Regulations. Street openings shall be a minimum of 22
feet apart and 22 feet from any existing street openings, measured at the
ultimate street right-of-way line; however, every building site shall be
permitted to have at least one street opening.
6. Off -Street Parking. Per Chapter 20.40.
7. lighting. All lighting, exterior and interior, shall be designed and located
so that direct rays are confined to the premises.
8. Loading. All loading operations shall be performed on the site, and
loading areas shall be screened by a landscape or architectural feature.
9. Trash and Storage Area. All storage of cartons, containers and trash shall
be enclosed by a building or by a wall not less than 6 feet in height. If
unroofed, no such area shall be located within 40 feet of any residential
district.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
10. Enclosed Uses. All commercial uses and their related products shall be
contained entirely within a completely enclosed structure, except for
parking and loading areas, and except for outdoor uses expressly
permitted by an approved modification permit or use permit.
11. Screening.
a. An opaque screen shall be installed and maintained along all district
boundaries where the premises abut areas zoned for residential or
agricultural uses. A screen shall consist of one or any combination
of the following types:
(1) Walls. A wall shall consist of concrete, stone, brick, tile or
similar type of solid masonry material a minimum of 4 inches
thick.
(2) Berms. A berm shall be not more than 20 feet in width at the
base. It shall be constructed of earthen materials and it shall be
landscaped.
(3) Fences, Solid. A solid fence shall be constructed of wood or
other materials and shall form an opaque screen.
(4) Fences, Open. An open weave or mesh type fence shall be
combined with plant materials to form an opaque screen.
(5) Planting. Plant materials, when used as a screen, shall consist
of compact evergreen plants. They shall be of a kind, or used in
such a manner, so as to provide screening, having a minimum
width of 2 feet within 18 months after initial installation.
Permanent watering facilities shall be provided. If, 18 months
after installation, plant materials have not formed an opaque
screen or if an opaque screen is not maintained, the Planning
Director shall require that either walls, berms, or a solid fence
be installed.
b. Screen heights shall not be less than 6 feet in height except where a
shorter height is required per applicable provisions of this Code.
C. No signs or sign supports except those specified in the off-street
parking regulations shall be permitted on any required screening.
12. Buffer Area. A minimum 6 -foot high slump block wall shall be constructed
along property lines abutting the REQ District, except within the front
setback area, where the height shall be no greater than 3'/2 feet.
Landscaping adjacent to this wall shall be in conformance with the
provisions of Section 20.90.020 (Design Guidelines) and Exhibit 20.90-7.
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Santa Ana Heights Specific Plan 20.90
20.90.050 — Business Park District: SP -7 (BP)
A. Purpose and Intent. The BP District is established to provide for the development
and maintenance of professional and administrative offices, commercial uses,
specific uses related to product development, and limited light industrial uses.
Attention shall be given to the protection of the adjacent residential uses through
regulation of building mass and height, landscape buffers, and architectural
design features.
B. Principal Uses Permitted.
The following principal uses are permitted subject to the approval of a
Minor Use Permit per Part 5 of Title 20:
a. Professional and administrative offices.
b. Financial institutions.
C. Civic and government uses.
d. Office -serving commercial uses, including restaurants, located
within a building primarily devoted to office uses.
e. Communication transmitting, reception or relay facilities.
f. Public/private utility buildings and structures.
g. Blueprinting, reproduction and copying services.
h. Message, mail and delivery services.
i. Medical and dental offices.
j. Retail businesses.
k. Service businesses.
2. The following principal uses are permitted subject to the approval of a
use permit by the Planning Commission per. per Part 5 of Title 20:
a. Restaurants subject to the following:
(1) not permitted adjacent to REQ lots.
(2) no live entertainment.
(3) no dancing.
b. Automobile rental agencies not permitted adjacent to REQ lots.
C. Commercial recreation.
d. Assembly of components or finished products.
e. Research, testing and development laboratories.
f. Any other uses which the Planning Commission finds consistent
with the purpose and intent of this district.
C. Temporary Uses Permitted.
Temporary uses per Part 5 of Title 20.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
2. The following additional temporary uses are permitted subject to approval
of a Limited Term Permit per Part 5 of Title 20.
a. Outdoor storage of passenger vehicles and vans, equipment,
materials and temporary structures directly associated with these
uses, in compliance with the site development standards identified
below. A cash bond in the amount of $500 for each temporary
structure shall be posted with the Planning Director to guarantee the
removal of each temporary structure upon the expiration of the use
permit.
b. Commercial coaches serving as temporary office space. A cash
bond in the amount of $500 for each commercial coach unit shall be
posted with the Planning Director to guarantee the removal of each
commercial coach unit upon expiration of the use permit.
C. Conforming uses shall be permitted in non -conforming structures
subject to the approval of a Minor Use Permit. Such building site
shall conform with the parking requirements and site development
standards contained in Chapter 20.40 and the site development
standards contained in this Section.
d. Any other uses which the Planning Director finds consistent with the
Purpose and Intent of this District.
3. Removal of Temporary Uses. The temporary use and accessory
equipment, materials and structures permitted per Paragraph C-2,
preceding, shall be removed and the premises cleared of all debris
within 14 days of the expiration of the applicable use permit.
4. Prohibited Temporary Uses.
a. All uses not specifically permitted per this Section.
b. Storage of hazardous materials.
C. Underground storage tanks.
d. Trucks and trailers exceeding three tons in gross weight.
e. Vehicle repair (as a primary use), automobile junk and salvage
yards.
Any use which the Planning Director finds would result in conditions
or circumstances contrary to public health, safety and general
welfare.
5. Time Limits. Limited Term Permits for temporary uses permitted per
Paragraph C-2, preceding, shall be approved for a maximum of 5
years from the date of final determination. At the end of that time
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Santa Ana Heights Specific Plan 20.90
period, the permit shall be reviewed and may be extended from 1 to 5
years at the discretion of the Zoning Administrator.
6. Site Development Standards for Temporary Uses.
a. Perimeter Wall or Fence. An opaque wall or fence shall be
constructed at 6 feet in height along the side property line and at 8
feet in height maximum along the rear property line, measured from
the highest adjacent finished grade of the subject site. For
properties lines adjacent to the REQ District, an 8 -foot high wall
shall be required. In addition, a front wall or fence may be required
at the discretion of the Planning Director. Fence or wall materials
and height shall be subject to approval at the discretion of the
Planning Director. However, open chain link or chain link with
wooden or plastic slats shall be prohibited.
b. Setbacks. Setbacks for any temporary building, wall, fence or
storage area shall be 10 feet from any property line abutting a public
street.
C. Landscaping. A landscape plan shall be required within the 10 -foot
setback area adjacent to any public street. Landscaping in these
areas shall be used to screen temporary buildings, fences, walls or
storage areas, which may be visible from a public street. This
landscaping shall be consistent with the Design Guidelines of
Section 20.90.020.
d. Lighting. All lighting shall be designed and located so as to confine
direct rays to the premises.
e. Utility Poles and Overhead Wires. All public utility wires and lines
shall be undergrounded within the 10 -foot setback area adjacent to
any public street where undergrounding of utilities exists.
Connections to existing utility poles will be allowed temporarily until
such time as undergrounding of utilities within the street is
implemented.
All -Weather Surface. An all-weather surface (e.g., asphalt, concrete
or other approved material) at least four inches thick shall be
provided for all storage areas including storage areas for equipment,
materials, and vehicles.
g. Height Limit. The height of vehicles, equipment or materials stored
on the subject property shall not exceed 10 feet and structures and
commercial coaches shall not exceed 16 feet. In all cases, the
height of vehicles, equipment, materials, structures and commercial
coaches shall not exceed 6 feet if within 10 feet of the perimeter wall
or fence.
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20.90 Santa Ana Heights Specific Plan
h. Hours of Operation. Commercial operations shall occur only
between the hours of 7 a.m. and 10 p.m., to ensure compatibility
with surrounding land uses.
D. Accessory Uses Permitted. Accessory uses and structures are permitted when
customarily associated with and subordinate to a principal permitted use on the
same building site including:
1. Automobile parking structures, in compliance with the site development
standards in Paragraph F of this Section.
2. Other detached buildings.
3. Fences and walls.
4. Signs per Paragraph F of this Section.
5. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this district.
E. Prohibited Uses. The following uses are specifically prohibited:
1. All uses not listed in this Section as permitted.
2. Outdoor storage of any equipment, materials, apparatus or vehicles
greater than 1 ton unless allowed by a use permit under Paragraph C of
this Section (Temporary Uses Permitted).
3. Adult entertainment businesses and adult-oriented businesses.
4. Educational institutions.
5. Hospitals and nursing homes.
6. Residential uses.
7. Manufacturing uses, unless allowed by a use permit under Paragraph C
of this Section (Temporary Uses Permitted).
8. Day nurseries.
9. Automobile wrecking, junk and salvage yards.
10. Vehicle engine/transmission rebuilding as a primary use.
11. Any use which the Planning Director finds would result in conditions or
circumstances contrary to public health, safety and general welfare.
F. Site Development Standards.
Floor Area Ratio (FAR): Per Chapter 20.63.
2. Building Site Area: 19,800 square feet minimum, except as modified by
special symbol per Subsection 20.90.025-B.
3. Building Site Coverage: 40 percent maximum.
4. Building Height: 15 feet maximum or sloping up to 18 feet maximum in
the first 20 feet measured from the front property line, and then 30 feet
maximum for structures located less than 75 feet from any property line
abutting the REQ District and 37 feet for structures located 75 feet or
WJ . I Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
more from any property line abutting the REQ District. Roof -mounted
mechanical equipment shall comply with the following:
a. Mechanical roof screens may exceed the maximum 37 foot height
limit by 6 feet, provided that the roof screen is set back from the
outside face of the main building parapet a minimum of 10 feet.
b. Roof screen materials and detailing must be compatible with the
main building architecture.
C. Roof -mounted equipment shall not be visible from a point 5 feet
above the centerline of the adjacent street(s) and from abutting lots
in the REQ District, as calculated from a point 5 feet above existing
grade level at a distance of 300 feet or less from the subject building
site.
5. Building Setbacks.
a. Front setback: 10 feet minimum.
b. Side setback: 0 feet minimum one side only and 10 feet minimum
other side, except where the side property line abuts the REQ
District, in which case the following shall apply:
(1) For structures 30 feet or less in height (including roof -mounted
mechanical equipment): 45 feet minimum, to include a 10 -foot
wide landscape buffer adjacent to the property line.
(2) For structures greater than 30 feet in height: 75 feet minimum,
to include a 10 -foot wide landscape buffer adjacent to the
property line.
C. Rear setback: 0 feet minimum, except where the rear property line
abuts the REQ District, in which case the following shall apply:
(1) For structures 30 feet or less in height: 45 feet minimum, to
include a 10 -foot wide landscape buffer adjacent to the
property line.
(2) For structures greater than 30 feet in height: 75 feet minimum,
to include a 10 -foot wide landscape buffer adjacent to the
property line.
6. Off -Street Parking. Per Chapter 20.40, except only 1 level of parking is
permitted below any floor with office/commercial space.
7. Trash, Storage and Ground -Mounted Mechanical Equipment. All storage
of cartons, containers and trash, along with ground mounted mechanical
equipment, shall be enclosed by a building or by a wall not less than 6
feet in height. No such structure shall be located within 10 feet of any
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
property line abutting the REQ District. If unroofed, no such structure shall
be located within 40 feet of any property line abutting the REQ District
and no closer than 10 feet from any side property line abutting the BP
District. (Refer to Section 20.90.020 for design guidelines.)
8. Enclosed Uses. All office and commercial uses and their related products
shall be contained entirely within a completely enclosed structure except
for parking and loading areas and outdoor uses expressly permitted by an
approved use permit.
9. Landscaping. A minimum landscaped area shall be provided as follows:
a. Boundary landscaping with a minimum depth of 10 feet along all
property lines abutting a public street, except for the area required
for street openings.
b. Boundary landscaping with a minimum depth of 3 feet along all
property lines not abutting a public street, except property lines
abutting the REQ District where a minimum depth of 10 feet is
required.
C. Landscaping shall be provided in conformance with the landscape
guidelines of Section 20.90.020 (Design Guidelines).
10. Building Design. All development shall be in conformance with the
guidelines of Section 20.90.020 (Design Guidelines) and the following:
a. On properties abutting the REQ District, a direct line of sight to
abutting properties within the REQ District from second story
openings, windows, usable balconies, open stairways, stairway
landings or other architectural features shall be prohibited. In
addition, All windows above the first floor facing the REQ District
shall have a minimum height of 6'/2 feet of permanent window
treatment. This treatment may include integrally -obscured glass,
permanently positioned window louvers or other equally effective
treatment as approved by the Planning Commission. Applied films
to windows is prohibited.
b. Usable balconies, open stairways and landings or other architectural
features shall be permitted on the sides and the front of the building,
not facing the REQ District.
C. All roof structures, such as air conditioning units, ventilation devices
or other roof -mounted appurtenances, shall be screened from view
from a point 5 feet above the centerline of any adjacent street and
from the REQ District or abutting lots in the REQ District, as
calculated from a point 5 feet above existing grade level from a
distance of 300 feet or less from the subject building site.
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Santa Ana Heights Specific Plan 20.90
11. lighting. All lighting, exterior and interior, shall be designed and located
so that direct light rays are confined to the premises. (Refer to Section
20.90.020 for design guidelines.)
12. Buffer Area. A minimum 6 -foot high slump block wall shall be constructed
along property lines abutting the REQ District, except within the front
setback area, where the height shall be no greater than 3'/2 feet.
Landscaping adjacent to this wall shall be in conformance with the
provisions of Section 20.90.020 and Exhibit 20.90-7 (Design Guidelines).
13. Utility poles and Overhead Wires. All Public utility wires and lines shall be
undergrounded within the 10 -foot setback area adjacent to any public
street.
14. Signs. The following signs shall be permitted, subject to the restrictions
specified and the provisions of Chapter 20.42:
a. Ground Signs: 1 double-faced ground sign per building site within
the required front setback area, containing only the address of the
property. Ground signs shall not exceed 6 feet in height including
any earth berm, pedestal, base or similar structure upon which the
sign may be mounted. Height to top of sign shall be measured from
the top of curb for the adjacent public street. Each sign shall not
exceed 6 square feet in area and shall be externally lighted.
External lighting fixtures used to illuminate ground signs shall be
concealed within plant materials or attached to and designed as an
integral part of the sign. The sign and sign structure shall be
designed and located so as not to create a sight distance safety
problem for vehicle or pedestrian traffic.
b. Wall Signs.
(1) 1 identification sign placed on each wall facing a public street,
relating only to the name and use of the building up to a
maximum of 40 square feet, and comprising no more than 10
percent of the area of the wall, including windows and door
area, upon which the sign is located. Such signs shall be non -
illuminated.
(2) Additionally, in multiple tenancy office buildings, each
individual tenant may have a wall sign over their entrance to
identify only the name of the business. Each sign shall not
exceed 6 square feet in area. Such signs shall not be located
above the roof facia, shall not have internal lighting, and shall
be made of a material compatible with the materials of the
building.
C. Building Directory Signs. 1 building directory at each main entrance
to the building. Such directory shall have letters not exceeding 2
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20.90 Santa Ana Heights Specific Plan
inches in height containing only the name of the tenants, the suite or
office number, and the nature of the use or service rendered.
d. Real Estate Signs. 1 unlighted sign not to exceed 12 square feet in
area, pertaining only to the sale, lease or hire of the particular
building, property or premises upon which displayed, and including
no institutional advertising.
e. Internal Signs. All signs located within structures are permitted,
provided such signs are not visible from any point on the boundary
of the building site.
15. Drainage Plan. A drainage plan shall be submitted and approved as part
of the use permit for each development showing the method for control
and disposal of all waters flowing into, across and from the building site
and a statement setting forth the method by which facilities shall be
maintained.
20.90.055 — Professional and Administrative Office District: SP -7 (PA)
A. Purpose and Intent. The PA District is established to provide for the development
and maintenance of an optimal environment for moderate intensity professional
and administrative office uses and related uses on sites with large landscaped
open spaces and off-street parking facilities. This district is intended to be
located on heavily traveled streets or adjacent to commercial or industrial
districts, and may be used to buffer residential areas.
B. Princiaal Uses Permitted.
The following principal uses are permitted subject to the approval of a
Minor Use Permit per Part 5 of Title 20:
a. Automobile parking lots per Chapter 20.40
b. Churches, temples, and other places of worship.
C. Civic and government uses.
d. Communication transmitting, reception, or relay facilities.
e. Day care nurseries.
f. Educational institutions serving adults.
g. Financial institutions.
h. Libraries and museums.
i. Professional and administrative offices.
j. Public/private utility buildings and structures.
2. The following principal uses are permitted subject to the approval of a use
permit by the Planning Commission per Part 5 of Title 20:
a. Any use which the Planning Commission finds consistent with the
purpose and intent of this district.
. - Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
C. Temporary Uses Permitted. Temporary uses, per Part 5 of Title 20, to include the
following:
1. Commercial coaches.
2. Christmas tree sales.
3. Halloween pumpkin sales.
D. Accessory Uses Permitted. The following accessory uses and structures are
permitted when customarily associated with and subordinate to a permitted
principal use on the same building site.
1. Uses per Chapter 20.30, to include:
a. Detached buildings.
b. Fences and walls.
2. Signs per Chapter 20.42.
3. Accessory uses and structures which the Planning Director finds
consistent with the purpose and intent of this district.
E. Prohibited Uses. The following uses are specifically prohibited:
1. Adult entertainment businesses and adult-oriented businesses.
2. All uses not listed in this Section as permitted.
F. Site Development Standards.
1. Floor Area Ratio (FAR): As specified on Table LU2 and Figure LU 11 of
the Land Use Element of the General Plan.
2. Building Site Area: 10,000 square feet minimum, except as modified by
special symbol, per Subsection 20.90.025-B.
3. Building Site Width: 75 feet minimum.
4. Building Height. 35 feet maximum.
5. Building Site Coverage: 35 percent maximum.
6. Building Setbacks. 10 feet minimum from any property line, ultimate street
right-of-way, or alley, except 0 feet side setback from alleys.
7. Off -Street Parking.
a. Parking shall be provided as required by Chapter 20.40.
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20.90 Santa Ana Heights Specific Plan
b. Parking on the front half of the lot shall have no direct access to the
street and shall be under roof unless adequate screening of open
parking can be provided by berming, fencing, or landscaping as
shown on an approved site plan or use permit.
8. Lighting. All lighting shall be designed and located so as to confine direct
rays to the premises.
9. Trash and Storage Areas. All storage of cartons, containers and trash
shall be enclosed by a building or by a wall not less than 6 feet in height.
In unroofed, no such area shall be located within 40 feet of any district
zoned for residential or agricultural uses.
10. Enclosed Uses. All commercial and office uses and their related products
shall be contained entirely within a completely enclosed structure except
for parking and loading areas and outdoor uses expressly permitted by an
approved modification permit or use permit.
11. Screening. Screening shall be provided per the standards of Subsection
20.90.045-F.
12. Landscaping. Landscaping, consisting of trees, shrubs, vines,
groundcover, or any combination thereof shall be installed and
maintained in accordance with the following standards:
a. Boundary landscaping is required for a minimum depth equal to the
required setback distance or 10 feet, whichever is less, along all
property lines abutting streets, except for the area required for street
openings.
b. Landscaping along all streets and boundaries shall be in
compliance with Chapter 20.36 and Section 20.30.130.
C. All landscaped areas shall be separated from an adjacent parking or
vehicular area by a wall or curb at least 6 inches higher than the
adjacent parking or vehicular area.
d. Permanent watering facilities shall be provided for all landscaped
areas.
e. Required landscaping shall be maintained in a neat, clean and
healthy condition. This shall include proper pruning, mowing of
lawns, weeding, removal of litter, fertilizing and watering as needed,
and replacement of plants when necessary.
For projects with landscaping of more than one cumulative acre, a
landscape and irrigation system plan shall be submitted and
approved prior to the issuance of building permits to comply with
current water conservation practices.
WJJ-JJ- Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
13. Buffer Area. A minimum 6 -foot high slump block wall shall be constructed
along property lines abutting the REQ District, except within the front
setback area, where the height shall be no greater than 3'/2 feet.
Landscaping adjacent to this wall shall be in conformance with the
provisions of Section 20.90.020 and Exhibit 20.90-7 (Design Guidelines).
20.90.060 — Professional, Administrative & Commercial Consolidation Dist.: SP -7
(PACC)
A. Purpose and Intent. The PACC District is established to provide for the
development and maintenance of professional and administrative office uses and
commercial uses on lots located between South Bristol Street and Zenith Avenue
in a manner which will ensure lot consolidation and vehicular access to and from
South Bristol Street.
B. Principal Uses Permitted.
The following principal uses are permitted subject to the approval of a
Minor Use Permit per Part 5 of Title 20:
a. Single family detached dwelling units which lawfully existed at the
time of initial adoption of these regulations by the County of Orange
may be rebuilt in conformance with the zoning regulations in effect
prior to the adoption of this specific plan. However, such
reconstruction must comply with current building and related codes.
2. The following principal use is permitted subject to the approval of a Minor
Use Permit per Part 5 of Title 20:
a. All uses permitted within the PA "Professional and Administrative
Office" District per Section 20.90.055.
3. The following principal uses are permitted subject to the approval of a use
permit by the Planning Commission per Part 5 of Title 20:
a. Retail businesses.
b. Service businesses.
C. Restaurants without drive-through facilities.
d. Any other uses which the Planning Commission finds consistent
with the purpose and intent of this district.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
C. Site Development Standards.
Building Site Area: All lots within this district shall be consolidated into
one building site to achieve a minimum area of 40,000 square feet.
2. Vehicular Access. Vehicular access shall be South Bristol Street.
3. Other Standards. All other site development standards shall be the same
as those set forth in Section 20.90.055 for the PA "Professional and
Administrative Office" District.
20.90.065 — Planned Development Combining District: (PD)
A. Origin of Regulations. The PD combining regulations set forth in this Section are
adapted from the County of Orange Zoning Code in order to provide continuity of
land use regulation for properties which were designated as "PD" under County
jurisdiction prior to annexation to the City. Thus, the applicable PD regulations
and map designations have been carried forward in this City Specific Plan via the
following text and the Specific Plan #7 Land Use Map (Exhibit 20.90-1).
B. Purpose and Intent. The purpose of this district is to provide a method whereby
land may be developed utilizing design features which take advantage of modern
site planning techniques to produce an integrated development project providing
an environment of stable, desirable character which will be in harmony with
existing and potential development of the surrounding neighborhood.
The regulations of this district are intended to produce planned development
projects which meet standards of open space, light and air, and density of land
uses which provide for better use of common areas, open space and off-street
parking facilities and provide for safe and efficient vehicular and pedestrian
circulation. These regulations are intended to be utilized only for integrated
planned development projects and should not be utilized for the establishment of
individual land uses or structures unless they would become an integral part of
an existing planned development.
C. Application. In any district where the district symbol is followed by, as a part of
such symbol, the letters "PD," planned development projects shall be permitted
subject to the regulations of this section. The district symbol shall constitute the
"base district" and the PD suffix shall constitute the "combining district" indicating
the additional permitted uses subject to the development standards as provided
in this section and the provisions of the use permit required for all planned
development projects. Projects which are not planned developments and uses or
structures which are not part of planned developments shall not be subject to
these regulations.
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Santa Ana Heights Specific Plan 20.90
D. Principal Uses Permitted Subject to a Use Permit. The following principal uses
are permitted subject to the approval of a use permit by the Planning
Commission per Part 5 of Title 20:
1. Uses permitted by the base district regulations.
2. Planned unit developments not otherwise permitted through base district
regulations.
3. Any other use which the Planning Commission finds consistent with the
purpose and intent of this District.
E. Accessory Uses Permitted. Accessory uses and structures which are customarily
associated with and subordinate to a permitted principal use within the same
project net area, which are consistent with the design of the planned
development project, and which are consistent with the purpose and intent of this
district are permitted subject to the approval of a Minor Use Permit per Part 5 of
Title 20.
F. Prohibited Uses. Uses not permitted in this Section are specifically prohibited.
G. Site Development Standards. The following site development standards are in
addition to the site development standards of the base district unless otherwise
stated below.
Building Site Area. For planned developments, the project net area shall
be used. The size, location, and configuration of individual lots shall be
determined by the required use permit and the tract map for the project.
2. Building Site Coverage. For planned developments, there shall be no
maximum building coverage for any individual site. However, the project
net area shall not exceed the following building coverage:
a. 40 percent for residential projects.
b. 25 percent for office and commercial projects.
C. 35 percent for industrial projects.
3. Area Per Unit. For residential planned developments, there shall be no
minimum land area per unit for any individual site. However, the project
net area shall have an average land area per unit no less than the
minimum area per unit required by the base district or per Subsection
20.90.025-B. (Note: This is normally designated by a number following
the district symbol "PD" and enclosed in parenthesis on the zoning district
map.)
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20.90 Santa Ana Heights Specific Plan
4. Number of Dwelling Units. The project net area divided by the minimum
land area per dwelling unit will determine the maximum number of
permitted dwelling units for the project.
5. Building Setbacks. For planned developments, building locations need
not satisfy the base district setback regulations but shall be determined by
the approved use permit. Building locations shall be dimensioned on the
use permit plans including distances between buildings and distances
from streets and common driveways.
20.90.070 — Commercial Stable Overlay District: (S)
A. Principal Uses Permitted.
Commercial stables, housing horses and ponies only, are permitted in areas
designed with an "(S)" overlay designation, subject to approval of a use
permit by the Planning Commission per Part 5 of Title 20. No residential uses
shall be permitted on the same building site as a commercial stable.
B. Site Development Standards.
Building Height: 20 feet maximum, except for structures used for the
storage of hay. However, in no case shall any structure exceed 35 feet in
height.
2. Building Setbacks. Minimum setbacks for all structures housing animals
shall be as follows (all other structures shall be located in conformance
with the standards of the underlying base district (e.g. "REQ Residential
Equestrian")):
a. Front Setback.: 50 feet minimum. Exercise areas, such as arenas,
shall be set back a minimum of 25 feet.
b. Side Setbacks:
(1) Abutting all districts except BP District: 5 feet minimum.
Exercise areas shall also be set back a minimum of 5 feet.
(2) Abutting BP District: 25 feet minimum. Exercise areas shall be
set back a minimum of 5 feet.
C. Rear Setback: 5 feet minimum. Exercise areas shall also be set
back a minimum of 5 feet.
3. Number of Animals: 25 animals per gross acre maximum.
I Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
4. Landscaping. Boundary landscaping shall consist of trees, shrubs, vines,
grasses, ground cover or any combination thereof. Such areas shall not
include open soils, building, paving, gravel or any other assemblage of
building materials upon or over the land. Landscaping shall be provided
as follows:
a. Boundary landscaping with a minimum depth of 20 feet along all
property lines abutting a public street, except for the area required
for street openings.
b. Boundary landscaping with a minimum depth of 5 feet along all
property lines not abutting a public street.
C. An approved irrigation system shall be provided.
5. Building Design. All buildings shall maintain a consistent design theme
(e.g., use of similar exterior materials). Use of earthtone colors and non -
reflective roof materials shall be required.
6. Lighting. All lighting shall be designed and located so that direct rays are
confined to the premises.
20.90.071 — Fire Facility Overlay District: (FF)
A. Purpose: Fire Facility ("FF") Overlay District shall be established solely to provide for
municipal fire protection and a municipal fire training center that serves residents
and businesses in and around Newport Beach and surrounding communities. The
District shall allow a municipal fire station, a classroom -style fire training room, and a
municipal Fire Training Center ("FTC'), that includes one four-story training tower.
The tower may be of a height and design that will allow Fire Department personal to
train for fire suppression and rescue activities that could reasonably occur within the
city limits of Newport Beach, given the height and size of residential and commercial
buildings in the city. In no instance shall the FF Overlay District be assigned to
properties that do not directly involve municipal fire suppression and municipal fire
training activities.
B. Principal Uses Permitted. A municipal fire station, a fire training classroom, and a
municipal FTC only are permitted within the Business Park District when
assigned and "FF" overlay designation, subject to approval of a Minor Use Permit
which considers input from the Santa Ana Heights Project Advisory Committee
and includes conditions related to the design and operation of the facility.
C. Site Development Standards.
Building Height: the maximum building height for a FTC in the FF overlay
shall be forty-five(45) feet above nearest adjacent grade to the top of
parapet, top of ridge, and top of miscellaneous building elements such as
mechanical roof screens, guardrails, cowels, vents and antennae. The
maximum height for other structures shall be per Specific Plan BP District
criteria in Section 20.90.050 F.4.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
2. Building Design. All buildings, including the FTC, shall maintain a
consistent design theme through the use of similar and compatible
building materials, finishes, and colors.
3. Lighting. Fixed or permanent lighting on the site shall comply with the
following:
a. Lighting shall be in compliance with applicable standards of the
Zoning Code. Exterior on-site lighting shall be shielded and
confined within site boundaries. No direct rays or glare are
permitting to shine onto public streets or adjacent sites or to
create a public nuisance. "Walpak" type fixtures are not permitted.
Parking are lighting shall have zero cut-off fixtures and light
standards shall not exceed twenty-five (25) feet in height. All
lighting shall be designed and located so that direct rays are
confined to the premises.
b. The site shall not be excessively illuminated based on the
luminance recommendations of the Illuminating Engineering
Society of North America, or, if in the opinion of the Planning
Director, the illumination creates an unacceptable negative impact
on surrounding land uses or environmental resources. The
Planning Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
C. Prior the issuance of a building permit, the applicant shall prepare
a photometric study in conjunction with a final lighting plan for
approval by the Planning Department.
d. Prior to the issuance of a Certificate of Occupancy or final building
permits, the applicant shall schedule an evening inspection by the
Code and Water Quality Enforcement Division to confirm control
of light and glare.
4. Other Standards. All other site development standards shall follow the
Business Park District's site development standards as shown in Chapter
20.90.050
D. Land Use Map Designator: The FF Overlay District shall apply to all parcels shown
on the "Specific Plan District #7 Land Use Map" (Exhibit 20.90-1) with an "-FF"
designator.
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
20.90.072 — Commercial Nursery Overlay District: (N).
Wholesale commercial nurseries are permitted in areas designed with an (N) overlay, subject to
the site development standards of the base district..
20.90.073 — Public Improvements.
A. Purpose and Intent. The intent of this Section is to provide for public
improvements identified as needed for the area in the County's Santa Ana
Heights Specific Plan, precursor to the present City of Newport Beach Specific
Plan.
B. Circulation Plan.
The Circulation Plan is designed to provide for safe vehicular, equestrian and
pedestrian movement within and adjacent to the specific plan area. Santa Ana
Heights has been heavily impacted by nonresidential traffic attempting to avoid
congested conditions on surrounding arterials. Thus, a primary consideration in
the development of the plan was reduction of through traffic within residential
areas. With the development of business park uses within areas adjacent to
residential uses, another consideration was the separation of business park and
residential traffic. Street improvements and modifications intended to achieve
these objectives are described below.
• Improvement Feature 1: Installation of a traffic signal at the intersection of
Irvine Avenue and Orchard Drive.
• Improvement Feature 2: Installation of a traffic signal at the intersection of
Mesa Drive and Santa Ana Avenue.
• Improvement Feature 3: Construction of a cul-de-sac and improvement of
Cypress Street south of South Bristol Street.
• Improvement Feature 4: Monitoring traffic in the Bayview tract. The City will
continue the County's program to monitor traffic in the Bayview tract.
However, traffic counts have not indicated a significant increase in traffic
volumes that would warrant further circulation improvements. If traffic counts
do show a significant increase in traffic volumes, a circulation improvement
test program to study and develop a method to control any potential through
traffic in the Bayview tract will be reviewed and implemented. The program's
objective would be development of an optimal solution, one that minimizes
through traffic along Mesa Drive and in the Bayview tract without significantly
inconveniencing a large number of residents. The test program methodology
will include extensive monitoring of traffic before any improvements are
installed and then systematic monitoring of a variety of test alternatives. Each
alternative would involve installation of temporary improvements for a period
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
of possibly 30 days. The alternatives to be tested could include: 1) a cul-de-
sac at the north end of Orchid Street; 2) the closure of Spruce Avenue; 3)
closure of the north end of Orchid Street and the south end of Bayview
Avenue; and 4) the closure of both Spruce and Bayview Avenues just north of
Azure Street to northbound traffic, in tandem with the Orchid Street cul-de-
sac. Other alternatives might be tested in addition to, or in lieu of, those
mentioned above. The community would be consulted both before and after
the program is implemented. Both traffic engineering criteria and community
input would be considered in evaluating the results of the program.
• Improvement Feature 5: Realignment of the intersection at Mesa Drive and
Acacia Street. The Acacia Street intersection with Mesa Drive will be
improved to make a T -intersection with the realignment of Mesa Drive/Birch
Street (Feature 7) for improved sight distance.
• Improvement Feature 6: Construction of a cul-de-sac at the eastern end of
Orchard Drive within the western portion of Santa Ana Heights and vacation
of the remaining right-of-way.
• Improvement Feature 7: Realignment of Birch Street/Mesa Drive and
roadway improvements. These improvements will widen Birch Street to an 80
foot right-of-way south of Bristol Street and connect Birch Street to Irvine
Avenue by incorporation of a section of Mesa Drive.
• Improvement Feature 8: Additional right-of-way and pavement width on the
Business Park streets: 70 feet of total right-of-way for Acacia Street, 70 feet
of right-of-way for Orchard Drive east of Birch Street, and 80 feet of total
right-of-way for Birch Street. Mesa Drive from Irvine Avenue to the realigned
portion of Birch Street will also be increased to an 80 -foot right-of-way.
The above circulation improvements have been implemented in a phased
manner to best achieve the plan's objectives. Implementation of Improvement
Features 1, 3, and 4 have been given priority because they are designed to
provide an early reduction or elimination of through and business park traffic in
residential neighborhoods.
As of the current Specific Plan revision, Improvement Features 1, 2, 3, 5, 6, and
7 are complete. For Improvement Feature 4, traffic continues to be monitored.
Improvement Feature 8 is currently being designed and will be implemented
when the required right-of-way has been acquired. Funding possibilities for these
improvements include the Orange County Development Agency, an assessment
district, or developer contribution.
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
C. Public Services/Utilities Plan.
The Public Services/Utilities Plan addresses the adequacy of existing water,
sewer and drainage facilities to meet existing and ultimate demand and identifies
those public works facility improvements needed to implement the Land Use
Plan.
The public works improvements recommended are based on studies prepared by
the County which took into account ultimate buildout of the specific plan area,
Orange County fire flow requirements and other design criteria. City design criteria
may differ in some respects, which may require modifications before implementation
occurs.
The proposed upgrading of facilities is required to eliminate deficiencies which
will be created once the Specific Plan is implemented. Some relocation of
facilities will be necessary due to proposed realignments of street rights-of-way.
Specific proposals for the improvement and modification of facilities and services
are described below.
Water Distribution System Improvements. The Irvine Ranch Water District
presently provides adequate water service to the specific plan area to
serve existing land uses. Ultimate development of the area, however, will
require 7,400 linear feet of six-inch and eight -inch water mains and
additional fire hydrants for fire protection. Planned improvements are
described below.
• Improvement Feature 1: Replacement of the 6 -inch line with an 8 -inch
line on Irvine Avenue and Acacia Street from South Bristol to Mesa
Drive.
• Improvement Feature 2: Installation of the 12 -inch water main along
South Bristol Street from Irvine Avenue to Spruce Avenue.
• Improvement Feature 3: Replacement of the 4 -inch line with a 6 -inch
line from Orchard Drive south along Riverside Drive.
• Improvement Feature 4: Replacement of the 4 -inch line with a 6 -inch
line from Orchard Drive south 700 feet along Kline Drive.
• Improvement Feature 5: Replacement of the 6 -inch line with a 12 -inch
line on Birch Street between South Bristol Street and Mesa Drive, and
the extension of the 12 -inch line west along Mesa Drive to Irvine Ave.
As of the current Specific Plan revision, Improvement Features 2 and 5
have been completed.
2. Sewer System Improvements. The Costa Mesa Sanitation District
(CMSD) provides sewer service to the specific plan area. Various sewer
mains in the area flow at or near capacity. In order to adequately serve
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
ultimate buildout, installation of 8,215 linear feet of 10 -inch through 18 -
inch sewer mains and upgrading of two pump stations in the general area
will be required. The following improvements have been identified for
construction and/or upgrading.
• Improvement Feature A: Line A, located on the north side of the Santa
Ana -Delhi channel, conveys sewer flows from Bristol Street east to
Santa Ana Avenue and then continues south along the channel. This
main does not convey sewer flows from the specific plan area. This 8 -
inch diameter line will be expanded to a 10 -inch line.
• Improvement Feature B: South Bristol Flow Reversal. This project is
to direct a portion of the sewer flow in the study area from CMSD
facilities to the Sanitation Districts of Orange County facilities. This
project includes a 12 -inch gravity sewer.
• Improvement Feature C: Line C, located along the Santa Ana -Delhi
channel, conveys sewer flows from the western portion of Santa Ana
Heights and the commercial center on Santa Ana Avenue. An 18 -inch
parallel line is proposed to be installed.
• Improvement Feature D: Pump Station 11 collects sewer flows from
various portions of Santa Ana Heights and pumps to Sewer Pump
Station 10 (Improvement Feature E). Pump Station 11 is proposed for
upgrading, to include installation of new pumps and controls, electrical
service, and remodeling of the existing wet well.
• Improvement Feature E: Pump Station 10 pumps sewer flows from
various portions of Santa Ana Heights to the 24 -inch sewer trunkline
along Fair Drive (Improvement Feature F), which flows into the CMSD
treatment facility. Pump Station 10 is proposed for upgrading, to
include installation of new pumps and controls, electrical service, and
remodeling of the existing wet well.
• Improvement Feature F: Line F is a 24 -inch trunkline located along
Fair Drive which transports flows from Pump Station 10 to the CMSD
treatment facility. A 15 -inch parallel line is proposed to be installed.
• Improvement Feature G, Area 2 Outfall Sewer Facilities: This project
will reduce the flows to Costa Mesa Sanitary District's Tustin Office
Avenue Pumping Station, in order to meet demands under ultimate
conditions. The project includes a new pump station at the
Bristol/Birch intersection, a gravity sewer, and a new sewer force main
in Birch Street, along the SR -73 bridge and extending northerly into
Newport Beach. In includes a gravity sewer in Birch Street from the
SR -73 bridge to MacArthur Boulevard.
3. Drainage System Improvements. In general, the existing storm runoff
collection system within the specific plan area is adequate, with the
. Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
exception of areas where proposed circulation realignments and
modifications will alter street drainage patterns. The ultimate land use
changes and circulation improvements will require the construction of
2,550 linear feet of 30 -inch reinforced concrete pipe (RCP) mains and a
system of catch basins. Improvements to the existing system are
described below.
Improvement Area 1:
• One 14 -foot catch basin at Orchard Drive and Birch Street.
• 30 -inch RCP along Birch Street from Orchard Drive to Mesa Drive.
• One 7 -foot catch basin at Mesa Drive to drain southerly.
• 30 -inch RCP from Mesa Drive to Santa Ana -Delhi channel.
Improvement Area 2:
• 30 -inch RCP on Cypress Street from Cypress Street cul-de-sac to
South Bristol Street.
• Two 14 -foot catch basins at Cypress Street cul-de-sac.
Improvement Area 3:
• One 14 -foot catch basin at Orchard Drive cul-de-sac.
• One 18 -inch RCP from Orchard Drive cul-de-sac to the Santa Ana -
Delhi channel.
Improvement Area 4:
• Installation of 1,900 feet of storm drain along Santa Ana Avenue south
of Orchard Drive.
• Installation of eight catch basins on Santa Ana Avenue.
Improvement Area 5:
• Installation of an 18 -inch diameter drainage system along Indus Street
and Redlands Drive to divert storm water run-off around this area to
the Santa Ana -Delhi Channel.
Improvement Area 6:
• Installation of an 18 -inch diameter RCP and three catch basins along
Bayview Avenue.
• Installation of a storm drain and two catch basins along 250 feet of
Orchid Street.
Birch -Cypress Drainage Problem:
A localized drainage problem exists along Birch and Cypress streets
south of Orchard Drive. In this area, surface runoff flows from parcels
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
fronting on Cypress Street onto parcels along Birch Street. Ponding of
water also occurs on at least one parcel along Birch Street. This drainage
situation is a particular concern where business park development is
planned to occur along Birch Street. Such development must provide for
the transport of runoff from adjacent residential parcels to the drainage
facilities planned along Birch Street. The area affected by this drainage is
based on existing topography. In order to adequately provide for surface
runoff in this area, a comprehensive drainage plan and implementation
program must be developed for the area prior to any business park
development within the affected area. Possible drainage solutions which
are being considered include the following:
An underground storm drain collection system.
A pumping station which collects storm runoff and pumps to an
acceptable public storm drain system.
Funding possibilities for the above improvements include the Orange
County Development Agency, an assessment district, or developer
contribution.
4. Electric, Telephone and Cable Television Improvements. Although not
anticipated, the planned improvements and modifications to the
circulation system may require utility relocations, realignments, or
abandonments.
D. Fire Protection. Addition of the development in Santa Ana Heights to the City's
fire protection responsibilities may require the construction of a new fire station
located in or near Santa Ana Heights. Funding possibilities for the fire station
include the Orange County Development Agency, an assessment district, and/or
developer contributions.
E. Recreation Improvements.
The Recreation Plan is designed to enhance equestrian opportunities within the
specific plan area with appropriate connections between local and regional trail
systems. Exhibit 20.90-9 identifies those recreational facilities planned within and
adjacent to the specific plan area. Elements of the Recreation Plan are as
follows:
A local equestrian trail has been constructed along the west side of
Cypress Street from the north end of the street to Mesa Drive. As
currently shown on the Recreation Plan, the trail would continue west
along the south side of Mesa Drive to just prior to Birch Street, where it
turns south to connect with the proposed regional trails along Upper
Newport Bay and the Santa Ana -Delhi channel. This local equestrian trail
is also planned to extend east along Mesa Drive from Cypress Street to
the Irvine Coast Regional Trail.
Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
2. Acquisition of an appropriate site for development of a public equestrian
center will be studied. Facilities within a center may include box stalls and
pipe corrals, arenas, horse rental facilities, parking and staging areas,
and other related support facilities, including an office and storage rooms.
If a site is acquired by a public agency, the property would be developed
and maintained by a private stable operator under a lease agreement with
the agency.
3. Regional recreation facilities, either existing or proposed within the
general areas, include: two existing golf courses, the Newport Beach Golf
Course and Santa Ana Country Club; the existing Irvine Coast Regional
Riding and Hiking Trail through Upper Newport Bay, linking the existing
trail along San Diego Creek with the proposed Santa Ana Heights
Regional Riding and Hiking Trail along the Santa Ana -Delhi channel; an
existing bikeway along Irvine Avenue south of University Drive; and
proposed bikeways along University Drive and through Upper Newport
Bay.
4. The County's Upper Newport Bay Regional Park will include land
adjacent to the State Ecological Reserve. This regional park will
complement the Ecological Reserve with more active uses, such as an
interpretive center and a pedestrian trail, and will serve as a buffer from
adjacent land development.
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
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1 Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
EXHIBIT 20.90-9: RECREATION IMPROVEMENT PLAN
� Regional Bikeway
[7 o Proposed Regional Sikeway
® Proposed Local Equestrian Trail
Local Equestrian Trail
Regional Riding and Hiking Trail
Proposed Regionai Riding and Hiking Trail
Golf Course
;;.'"'' Proposed County !regional Park
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
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Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.90
20.90.080 — Discretionary Review and Amendments.
A. Discretionary Permit Procedures.
Discretionary permits, including use permits, variances, site plan review, and
modification permits, shall be processed per Part 5 of the Zoning Code.
B. Specific Plan Amendment Procedures.
This Specific Plan is part of the City's Zoning Code. Therefore, amendments to
the Specific Plan shall be processed in accordance with the procedures for Code
amendments as set forth in Chapter 20.66
October 2010 Newport Beach Zoning Code, Title 20
20.90 Santa Ana Heights Specific Plan
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Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.91
Chapter 20.91 — Reserved for future Specific Plan
October 2010 Newport Beach Zoning Code, Title 20
20.91 Santa Ana Heights Specific Plan
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Newport Beach Zoning Code, Title 20 October 2010
Santa Ana Heights Specific Plan 20.92
Chapter 20.92 — Reserved for future Specific Plan
October 2010 Newport Beach Zoning Code, Title 20
20.92 Santa Ana Heights Specific Plan
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Newport Beach Zoning Code, Title 20 October 2010
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH 1
I, Leilani I. Brown, 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. 2010-21 was duly and regularly introduced on the 12th day of October, 2010,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 26th day of October, 2010, and that the same was so passed and adopted by the following
vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of October, 2010.
(Seal)
N VA
City Clerlt
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2010-21 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 dates:
2010.
Introduced Ordinance: October 16, 2010
Adopted Ordinance: October 30, 2010
In witness whereof, I have hereunto subscribed my name this day of Nwq w
F-
C
UVU�
City Clerk
City of Newport Beach, California