HomeMy WebLinkAbout31 - Amendment 892CITY OF NEWPORT BEACH Hearing Date: September 27, 1999
O�dEW�Rr COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 31
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PLANNING DEPARTMENT Staff person: Patrick J. Alford
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y uoo NEWPORT BOULEVARD 644 -3235
Cy�'oaN�� NEWPORT BEACH, CA 95658
(949) 644-32°0; FAX (949) 644-3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Amendments to the Zoning Code (Amendment 892)
SUMMARY: An amendment to Title 20 of the Municipal Code to make several
revisions the Zoning Code. These revisions relate to the definition of
terms, terms and cross - references in the land use regulations schedules,
establishing waterfront rear yard setbacks, regulations on bay and
greenhouse windows, the parking of vehicles in required yards, signs in
residential districts, and the authority of the Planning Director to approve
off -sale alcoholic beverage outlets and massage establishments.
ACTION: Conduct public hearing; introduce Ordinance 99 -_ and pass to second
reading on October 25, 1999.
Background
The Planning Commission initiated the proposed amendment on August 19, 1999.
On September 9, 1999, the Planning Commission voted unanimously to recommend approval of
Amendment 892.
Analysis
The proposed amendment consists of ten (10) revisions to the Zoning Code. Most of the
revisions are intended to correct minor oversights or to clarify existing regulations. However,
Revisions #9 and #10 would transfer the authority to approve use permits for massage
establishments and off -sale alcoholic beverage outlets selling beer and wine only from the
Planning Commission to the Planning Director.
The following provides a summary and explanation of each of the proposed revisions:
1. Summer: Changes "Garage and Yard Sales" to "Personal Property Sales" in the
land use regulations schedules and adds cross - references to Section 20.60.120
(Personal Property Sales in Residential Districts).
Reason: Due to a procedural error, the land use regulations schedules were not
revised at the time of the original amendment. This revision will correct the error.
Sections Revised: Sections 20.10.020, 20.41.050, 20.45.030, and 20.46.030.
2. Summary: Adds cross - references to Chapter 20.89 (Alcoholic Beverage Outlets)
in land use regulations schedules. 0
Reason: Due to a procedural error, the land use regulations schedules were not
revised at the time of the original amendment. This revision will correct the error.
Sections Revised: Sections 20.15.020, 20.20.020, 20.25.020, 20.41.070,
20.42.040, and 20.45.030.
3. Summary: Establishes a minimum 10 -foot rear yard setback (unless otherwise
indicated on the Districting Maps) for properties abutting the waterfront. Allows
alternate waterfront rear yard setbacks to be established on the Districting Maps.
Reason: The Zoning Code has always allowed alternate front yard setbacks to be
established by the Districting Maps, but does not contain a similar provision for
rear yard setbacks along the waterfront, even though such setbacks appear on the
Districting Maps. For years, this discrepancy was resolved by interpreting
waterfront lots as having two front yards, one on the street and one on the water.
However, this interpretation creates conflicts with a number of definitions and
regulations in the Zoning Code. This amendment will correct this problem.
Sections Revised: Sections 20.10.030 (new Property Development Regulation Q)
and 20.60.030 (A -5). 0
4. Summary: Changes "Automobile Rentals" to "Vehicle/Equipment Sales and
Rentals" in the Mariner's Mile land use regulations schedule.
Reason: This land use regulation schedule still contains the land use classification
from an earlier draft of the Zoning Code. This revision will correct the error.
Sections Revised: Section 20.42.040.
5. Summary: Adds definitions for "Bay Window" and "Greenhouse Window" and
clarifies that such windows must be cantilevered.
Reason: Recently, a number building plans have been submitted that have tried
to use the encroachments allowed for bay and greenhouse windows as a means to
provide additional floor area. This revision is intended to resolve that problem.
Sections Revised: Sections 20.03.030 and 20.60.030 (J).
Amendment 892
September 27, 1999
Page 2
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6. Summary: Revises a cross - reference in the nonconforming parking section (from
Section 20.62.040 (D) to Section 20.62.040 (D -1 to D -3).
0 Reason: Needed to more precisely cross - reference the section.
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Sections Revised: Section 20.62.060 (A -1 -a -2 & 3).
Summary: Clarifies that parking of motor vehicles, recreational vehicles,
watercraft, and trailers is prohibited in front yards, except on driveways in front of
garages. Also revises the definition of "recreational vehicle" to include camper
shells and adds a new definition for "watercraft."
Reason: These parking restrictions currently exist in the Zoning Code. However,
a person reading this section would need to look up the definitions for front, side,
and rear yards in order to know where on the lot parking is permitted. Therefore,
Code Enforcement requested this section be revised to make these requirements
clearer and more direct.
Sections Revised: Sections 20.03.030 and 20.66.040 (B).
8. Summary: Adds the MFR District to the list of residential districts where real
estate signs are permitted.
Reason: Corrects an inadvertent omission.
Sections Revised: Section 20.67.035 (A- 1 -a -1).
9. Summary: Transfers authority regarding use permits for massage establishments
from Planning Commission to the Planning Director.
Reason: Applications of this type are now routine, less controversial, planning
issues. This revision would expedite the processing of such applications, saving
the applicant time and allowing more efficient use of staff time and resources.
Sections Revised: Sections 20.87.025, 20.87.025 (B), and 20.87.030.
10. Summary: Revises the Alcoholic Beverage Outlet Ordinance to allow the
Planning Director to approve use permits for all off -sale establishments selling
beer & wine only.
Reason: Applications of this type are usually routine, less controversial, planning
issues. This revision would expedite the processing of such applications, saving
the applicant time and allowing more efficient use of staff time and resources. As
always, the Planning Director has the option of referring the application to the
Planning Commission for action if it is felt that the case presents issues that
Amendment 892
September 27, 1999
Pap 3
require a higher level of review. The Planning Commission and the City Council
also retain the authority to call up any action by the Planning Director for review.
Sections Revised: Section 20.89.040.
Submitted by: Prepared by:
SHARON Z. WOOD PATRICK J. ALFORD
Assistant City Manager Senior Planner
Attachments: 1.
2.
3.
Dr aft ordinance.
September 9, 1999 Planning Commission staff report.
September 9, 1999 Planning Commission minutes.
Amendment 892
September 27. 1999
Page 4
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ORDINANCE 99-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF
THE MUNICIPAL CODE RELATING TO THE DEFINITION OF
TERMS, TERMS AND CROSS - REFERENCES IN THE LAND USE
REGULATIONS SCHEDULES, ESTABLISHING WATERFRONT REAR
YARD SETBACKS, REGULATIONS ON BAY AND GREENHOUSE
WINDOWS, THE PARKING OF VEHICLES IN REQUIRED YARDS,
SIGNS IN RESIDENTIAL DISTRICTS, AND THE AUTHORITY OF
THE PLANNING DIRECTOR TO APPROVE OFF -SALE ALCOHOLIC
BEVERAGE OUTLETS AND MASSAGE ESTABLISHMENTS.
[PLANNING COMMISSION AMENDMENT 8921
WHEREAS, amendments to Title 20 of the Newport Beach Municipal Code relating to the
definition of terms, terms and cross - references in the land use regulations schedules, establishing
waterfront rear yard setbacks, regulations on bay and greenhouse windows, the parking of vehicles
in required yards, signs in residential districts, and the authority of the Planning Director to approve
0 off -sale alcoholic beverage outlets and massage establishments are required; and
WHEREAS, on September 9, 1999, the Planning Commission of the City of Newport Beach
held a public hearing regarding this amendment; and
WHEREAS, on September 27, 1999, the City Council of the City of Newport Beach held a
public hearing regarding this amendment; and
WHEREAS, the public was duly noticed of the public hearings; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been determined
that the proposed amendment is categorically exempt under Class 5, minor alterations in land use
limitations.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
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SECTION 1: Title 20 of the City of Newport Beach Municipal Code shall be revised as
provided in Exhibit "A."
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on September 27, 1999, and adopted on the 25th day of October, 1999, by the
following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
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Exhibit A
Proposed Revisions to the Zoning Code
Section 20.03.030
Bay Window: A window or series of windows that project outward from a wall of
a building forming a bay or alcove in a room within. This definition includes
bow, oriel and similar projecting windows (see also: Greenhouse Window).
Greenhouse Window: A multi -sided window with glass roof panels projecting
outward from a wall of a building (see also: Bay Window).
Recreational Vehicle (RV): A vehicle towed or self - propelled and designed or
used for recreational or sporting purposes. This term includes, but is not limited
to, travel trailers, pick -up campers, camper shells, camping trailers, motor coach
homes, converted trucks or buses, boats and boat trailers, and all terrain vehicles.
Watercraft. A type of recreational vehicle designed to be used for water - related
activities, including but not limited to sail boats, powerboats, canoes, kayaks and
other personal watercraft.
Section 20.10.020 (Land Use Regulations Schedule)
R -A R -1 R -1.5 R -2 MFR Additional
Regulations
COMMERCIAL FILMING, LIMITED P P P P P (K)
PERSONAL PROPERTY SALES P P P P P (L)
HELIPORTS, TEMPORARY L -5 - -- - -- -- L -5 (J)
(L) See Section 20.60.120: Personal Property Sales in Residential Districts.
Section 20,10.030 (new Property Development Regulation O)
(Q) R -1, R -1.5, R -2, and MFR Districts. The minimum depth required for rear yards
abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific
Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels of
West Newport shall be 10 feet, except as may be otherwise indicated on the
Districting Maps. Distances shown on the Districting Maps are to be measured
from the rear property line, unless a different line is shown on the Districting
Map.
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Section 20.15.020 (Land Use Regulations Schedulel
RSC
CLUBS AND LODGES UP
-YACHT CLUB UP
CULTURAL INSTITUTIONS UP
APF RMC Additional
Regulation.,
UP UP (P)
UP UP (E), (F), (P)
UP UP (P)
COMMERCIAL RECREATION AND ENTERTAINMENT UP UP
EATING AND DRINKING ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
-FULL SERVICE, LOW TURNOVER
-FULL SERVICE, SMALL SCALE
- TAKE -OUT SERVICE
-TAKE -OUT SERVICE, LIMITED
- ACCESSORY
-BARS AND COCKTAIL LOUNGES
FOOD AND BEVERAGE SALES
- CONVENIENCE MARKETS
- SERVICE STATIONS
UP (I), (P)
UP
UP
UP
(I), (J), (P)
UP
UP
UP
(I), (J), (P)
PD/U
PD/U
PD/U
(I), (J), (P)
UP
UP
UP
(1). (J), (P)
PD/U
PD/U
PD/U
(I), (J), (P)
P
P
P
(I), (J), (P)
UP
UP
UP
(I), (J), (P)
P
- --
(P)
P
L -1
P
(P)
UP
UP
UP
(K), (P)
(P) See Chapter 20.89: Alcoholic Beverage Outlets.
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GEIF Additional Regulations
CLUBS AND LODGES P (II)
CULTURAL INSTITUTIONS P (H)
EATING AND DRINKING ESTABLISHMENTS
- ACCESSORY P (F), (H)
(H) See Chapter 20.89: Alcoholic Beverage Outlets.
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Section 20.20.020 (Land Use Regulations Schedule)
M -1
M -i -A
IBP
Additional
Regulations
CLUBS AND LODGES
L -3
L-3
- --
(J)
COMMERCIAL RECREATION AND
UP
UP
L-4
(F), (J)
ENTERTAINMENT
EATING AND DRINKING ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
- --
- --
UP
(F), (G), (J)
-FULL SERVICE, SMALL SCALE
PD/U
PD/U
PD/U
(F), (G), (J)
-TAKE -OUT SERVICE
UP
UP
UP
(F), (G), (J)
- TAKE -OUT SERVICE, LIMITED
PD/U
PD/U
PD/U
(F), (G), (J)
- ACCESSORY
P
P
P
(F), (G), (J)
FOOD AND BEVERAGE SALES
- --
L-4
L4
(J)
- SERVICE STATIONS
UP
UP
PD/U
(J), (K)
(J) See Chapter 20.89: Alcoholic Beverage Outlets.
(K) See Chapter 20.80: Service Stations.
Section 20 25 020 (Land Use RegulationsBchedule)
GEIF Additional Regulations
CLUBS AND LODGES P (II)
CULTURAL INSTITUTIONS P (H)
EATING AND DRINKING ESTABLISHMENTS
- ACCESSORY P (F), (H)
(H) See Chapter 20.89: Alcoholic Beverage Outlets.
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Section 20.41.070 (Land Use Reguiations Schedule)
Commercial
Additional
Regulations
CLUBS AND LODGES
UP
(K)
CULTURAL INSTITUTIONS
P
(K)
COMMERCIAL RECREATION AND ENTERTAINMENT
UP
(G), (K)
EATING AND DRINKING ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
UP
(D), (G), (K)
-FULL SERVICE, LOW TURNOVER
UP
(D), (G), (K)
-FULL SERVICE, SMALL SCALE
PD/U
(D), (G), (K)
-TAKE -OUT SERVICE
UP
(D), (G), (K)
-TAKE -OUT SERVICE, LIMITED
PD/U
(D), (G), (K)
- ACCESSORY
P
(D), (G), (K)
-BARS AND COCKTAIL LOUNGES
UP
(D), (G), (K)
FOOD AND BEVERAGE SALES
P
(K)
- SERVICE STATIONS
UP
(F), (K)
(K) See Chapter 20.89: Alcoholic Beverage Outlets.
Section 20.41.050 (Land Use Regulations Schedule)
Residential Additional
Regulations
TEMPORARY USES (A), (B), (C)
PERSONAL PROPERTY SALES P (G)
REAL ESTATE OFFICES, TEMPORARY L-2
(G) See Section 20.60.120: Personal Property Sales in Residential Districts.
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Section 20 42 040 (Land Use Regulations Schedule)
CLUBS AND LODGES
-YACHT CLUBS
CULTURAL INSTITUTIONS
COMMERCIAL RECREATION AND ENTERTAINMENT
EATING AND DRINKING ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
-FULL SERVICE, LOW TURNOVER
-FULL SERVICE, SMALL SCALE
- TAKE -OUT SERVICE
- TAKE -OUT SERVICE, LIMITED
- ACCESSORY
-BARS AND COCKTAIL LOUNGES
- SERVICE STATIONS
(Q) See Chapter 20.89: Alcoholic Beverage Outlets.
Section 20.42.040 (Land Use Regulations Schedule)
VEHICLEEQUIPMENT SALES AND RENTALS
RSC RMC Additional
Regulations
UP - -- (Q)
— UP (I), (J), (Q)
UP L -2 (Q)
UP
UP
(H), (Q)
UP
UP
(E), (H), (Q)
UP
UP
(E), (H), (Q)
PD/U
PD/U
(E), (H), (Q)
UP
UP
(E), (H), (Q)
PD/U
PD/U
(E), (H), (Q)
P
P
(E), (H), (Q)
UP
UP
(E), (H), (Q)
UP --- (G), (Q)
RSC RMC Additional
Regulations
UP - --
Section 20.43.040 (Land Use Regulations Schedule)
SR
RMC
RSC
Additional
Regulations
CLUBS AND LODGES
UP
UP
UP
(E), (M)
CULTURAL INSTITUTIONS
UP
L -5
UP
(M)
COMMERCIAL RECREATION AND ENTERTAINMENT
- --
UP
UP
(J) , (M)
EATING AND DRINKING ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
UP
UP
UP
(F), W. (M)
-FULL SERVICE, LOW TURNOVER
UP
UP
UP
(F), (J) , (M)
-FULL SERVICE, SMALL SCALE
PD/U
PD/U
PD/U
(F), (1), (M)
- TAKE -OUT SERVICE
UP
UP
UP
(F), (J) , (M)
- TAKE -OUT SERVICE, LIMITED
PD/U
PD/U
PD/U
(F), M, (M)
- ACCESSORY
P
P
P
(F), (J) , (M)
. -BARS AND COCKTAIL LOUNGES
UP
UP
UP
(M)
tv
FOOD AND BEVERAGE SALES
(M) See Chapter 20.89: Alcoholic Beverage Outlets.
ection 20.45.030 (Land Use Reeulations Schedule
SR RMC RSC Additional
Regulation
P (M)
RSC RP R -2 MFR GEIF OS Additional
Regulations
CLUBS AND LODGES P L -3 L -3 L -3 L-4 - -- (0)
CULTURAL INSTITUTIONS - -- - -- - -- - -- L-4 - -- (0)
COMMERCIAL RECREATION AND UP — - -- - -- L -6 (G), (0)
ENTERTAINMENT
EATING AND DRINKING STABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
UP
-FULL SERVICE, LOW TURNOVER
UP - --
-FULL SERVICE, SMALL SCALE
PD/U - --
- TAKE -OUT SERVICE
UP - --
- TAKE -OUT SERVICE, LIMITED
PD/U - --
- ACCESSORY
P - --
-BARS AND COCKTAIL LOUNGES
UP - --
FOOD AND BEVERAGE SALES
P - --
(0) See Chapter 20.89: Alcoholic Beverage Outlets.
--- --- --- --- (G), (H), (I), (0)
... ... - -- --- (G), (H), (I). (0)
--- --- ... ... (G), (H), (I), (0)
--- --- - -- --- (G), (H), (I), (0)
- -- --- --- --- (G), (H), (I), (0)
P - -- (G), (H), (I), (0)
- -- - -- --- --- (G), (H), (I), (0)
— (0)
Section 20.45.030 (Land Use Regulations Schedule)
RSC RP R -2 MFR GEIF OS Additional
Regulations
FAIRS AND FESTIVALS P --- P P (K)
PERSONAL PROPERTY SALES - -- P P P - -- - -- (0)
OUTDOOR STORAGE, TEMPORARY P - -- - -- _ _ (M)
(0) See Section 20.60.120: Personal Property Sales in Residential Districts.
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Section 20 46 030 (Land Use Regulations Schedule)
RSC GEIF OS Additional
Regulations
FAIRS AND FESTIVALS P P P
PERSONAL PROPERTY SALES P - -- (I)
HELIPORTS, TEMPORARY L -12 L -12 L -12
(I) See Section 20.60.120: Personal Property Sales in Residential Districts.
Section 20.46.030 (Land Use Regulations Schedule)
(I) See Chapter 20.89: Alcoholic Beverage Outlets.
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RSC GEIF
OS Additional
Regulations
CLUBS AND LODGES
UP
(I)
CULTURAL INSTITUTIONS
UP - --
- -- (1)
COMMERCIAL RECREATION AND
UP - --
- -- (F), (I)
ENTERTAINMENT
EATING AND DRINKING ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
UP - --
- -- (F), (G), (I)
-FULL SERVICE, LOW TURNOVER
UP - --
- -- (F), (G), (I)
-FULL SERVICE, SMALL SCALE
PD/U - --
- -- (F), (G), (n
- TAKE -OUT SERVICE
UP - --
--- (F), (G), (I)
- TAKE -OUT SERVICE, LIMITED
PD/U
(F), (G), (I)
- ACCESSORY
P
(F), (G), (I)
-BARS AND COCKTAIL LOUNGES
UP - --
- -- (F), (G), (I)
FOOD AND BEVERAGE SALES
P - --
- --
(I) See Chapter 20.89: Alcoholic Beverage Outlets.
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Section 20.60.030-(A--5—)
Exceptions:
a. Fences, walls, uncovered accessory structures, and hedges shall not
exceed a height of 3 feet above the natural grade in all required rear
yard setback areas abutting or 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.
b. Fences, walls, and hedges shall not exceed a height of 5 feet above
the natural grade in all required front yard setback areas adjacent to
North Bay Front and South Bay Front on Balboa Island and East
Bay Front on Little Balboa Island (the upper 2 feet, 6 inches of
which must be at least 40 percent open).
Section 20.60.030 (Tl
L..J
J. Bay Windows and Greenhouse Windows. Bay Windows and Greenhouse
Windows shall be permitted to extend into required yards subject to the
following restrictions: 0
1. No more than 2 bay windows or greenhouse windows on a
structure shall be permitted to project into any one setback; and
2. Bay windows and greenhouse windows shall not to exceed 8 feet in
width or 10 feet in height within the projection; and
3. Bay windows and greenhouse windows shall be cantilevered and
shall not extend to the ground; and
4. The interior surface of bay windows and greenhouse windows shall
be elevated a minimum of 18 inches above the adjacent finished
floor surface at the required building setback line; and
5. Bay windows and greenhouse windows shall be designed to
preclude use as a door or entry; and
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6. Projection into required yards shall be limited as follows:
Required Yard Permitted Additional
Setback Extension Regulations
Front (4 feet to less than 16 in.
10 ft.):
Front (10 ft. or more): 2 ft.
Side:
Rear:
Distance Between
Detached Structures
Section 20.62.060 (A-1-a-2 R�31
(2)
R��IIII ]]
2 ft. A minimum side
setback yard of 2 feet
must be maintained;
limited to first floor
only.
2 ft. Not permitted when the
rear property line abuts
an alley.
2 ft.
Minor additions to existing buildings, such as the
construction of bathrooms, closets and hallways, or
the expansion of existing rooms, subject to the floor
area limits of Section 20.62.0.040 (D -1 — D -3).
(3) Addition of a new room provided that there is no
net increase in the number of habitable rooms, upon
the approval of a modification permit, subject to the
floor area limits of Section 20.62.0.040 (D -1 — D -3).
B. General Controls. The following parking controls shall apply to the
parking or storage of motor vehicles, recreational vehicles, watercraft, and
trailers in residential districts:
1. For each dwelling unit there shall be at least 1 covered parking
space.
2. Tandem parking up to a maximum of 2 cars in depth shall be
permitted.
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3. Parking in Required Yards.
a. Front Yards. Parking or storage in required front yards shall be
prohibited, except on driveways in front of garages that set
back a minimum of 19 feet from the front property line.
b. Side Yards. Parking or storage in required side yards (behind
the rear line of the required front yard) shall be permitted.
c. Rear Yards. Parking or storage in required rear yards shall be
permitted.
d. Structural Encroachments. Structural encroachments in
required yards shall only be permitted as provided in Section
20.60.030.
5. Covered parking spaces located on the front one -half of a lot shall
have side walls and an operating garage door for access of
automobiles.
6. R -1.5 District. Enclosed parking shall be enclosed on all sides by
walls or doors.
7. Parking or storage on the roof of a building in any residential
district is prohibited.
8. Parking or storage is prohibited on vacant lots.
Section 20.67.03 (A -1 -a -Ill
(1) In the R -A, R -1, R -1.5, R -2, MFR and PRD Districts, as
well as PC Districts which provide for residential uses and
contain no specific provisions relative to temporary signs,
temporary real estate signs are permitted subject to the
following:
Section 20.87.025
20.87.025 Massage Establishments As An Independent Use
A massage establishment which operates as an independent use, shall be permitted in the
M -1 -A District, RMC, RSC, and APF Districts, commercial areas of PC Districts and
commercial areas of the SP-4 (Newport Shores Specific Plan), SP -5 (Mariner's Mile
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Specific Plan), and SP -9 (Old Newport Boulevard Specific Plan) Districts, subject to the
securing of a use permit approved by the Planning Director in each case, and provided
further that such establishment conforms to the following:
Section 20.87.025fB1
B. Waiver of Location Restrictions. Any property owner or his authorized
agent may apply for a waiver of the location restrictions contained in this
section. The Planning Director, after a public hearing, may waive any
location restriction, if all the following findings are made:
Section 20.87.030
20.87.030 Amortization
Any massage establishment as defined in this chapter which was lawfully in existence as
of the effective date of this chapter (March 25, 1992) which does not comply in whole or
in part with the provisions of this chapter, shall be terminated or otherwise be brought
into full compliance within 1 year of the effective date of this chapter (March 25, 1992).
For those establishments which cannot be brought into compliance with these provisions
because they are not in an approved district, the use may be extended for only one
additional period of time, to be established by the Planning Director, upon a showing by
the applicant that such extension is reasonably necessary to permit the owner of the
massage establishment to amortize or otherwise recover any along term investment in the
massage establishment.
Any request for an extension of the 1 year amortization period must be made in writing
by the owner of the massage establishment to the Planning Director not later than 60 days
prior to the end of the 1 year period provided for in this section.
The Planning Director may grant an extension of up to 1 additional year if the business is
otherwise in compliance with all other applicable provisions of law, and upon a showing
by the applicant:
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Section 20.89.040
20.89.040 Authority •
The Planning Commission shall approve, conditionally approve, or disapprove
applications for use permits for alcoholic beverage outlets.
Exception. The Planning Director shall have the authority to render decisions on
use permits for food and beverage sales establishments totaling more than 10,000
square feet with no more than 10 percent of the gross floor area devoted to alcohol
sales and display and for any other off -sale establishment that is applying for or
has obtained an ABC license that is limited to the sale of beer and wine only.
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CITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
33� NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644-3200% FAX (949) 644-5
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE PLANNING COMMISSION
SUBJECT: Amendments to the Zoning Code
September 9, 1999
5
Patrick J. Alford
(949) 644 -3235
SUMMARY: An amendment to Title 20 of the Municipal Code to make several revisions
the Zoning Code. These revisions relate to the definition of terms, terms and
cross - references in the land use regulations schedules, establishing
waterfront rear yard setbacks, regulations on bay and greenhouse windows,
the parking of vehicles in required yards, signs in residential districts, and
the authority of the Planning Director to approve off -sale alcoholic beverage
outlets and massage establishments.
ACTION: Conduct public hearing; adopt Resolution No. recommending
approval or modification of Amendment 892 to the City Council or
disapprove Amendment 892.
Background
The Planning Commission initiated the proposed amendment on August 19, 1999.
Analysis
The proposed amendment consists of ten (10) revisions to the Zoning Code text. These revisions
are generally in response to specific planning- related issues that have arisen over the past year. In
most cases, the revisions are intended to correct minor oversights and do not effect existing
regulations. However, some revisions represent changes in regulations or procedures. For
example, Revision #9 and #10 involve the transfer of authority regarding use permits for the
massage establishments and off -sale alcoholic beverage outlets selling beer and wine only from
Planning Commission to the Planning Director.
Staff has made a few revisions since the Planning Commission initiated the amendment. Revision
#10 has been modified to limit the Planning Director's authority to off -sale alcoholic beverage
outlets (grocery stores, convenience stores, liquor stores, etc). Originally, this revision would have
granted the Planning Director to approve all use permits for all alcoholic beverage outlets selling
beer and wine only. However, the Planning Commission expressed an interest in retaining the
authority over the on -sale establishments (restaurants, brew pubs, bars, etc.).
Also, the revision to allow garages to project ten (10) inches into side yards (Revision #5 of the
August 19, 1999 staff report) has been removed. The Planning Department is working with the Fire
i9
Department to insure that adequate access for emergency personnel is provided. Staff anticipates
that this revision will return at a later date as a separate amendment
The following provides a summary of the proposed revisions: •
Summary: Changes "Garage and Yard Sales" to "Personal Property Sales" in the
land use regulations schedules and adds cross - references to Section 20.60.120
(Personal Property Sales in Residential Districts).
Reason: Due to a procedural error, the land use regulations schedules were not
revised at the time of the original amendment. This revision will correct the error.
Sections Revised: Sections 20.10.020, 20.41.050, 20.45.030, and 20.46.030.
2. Summary: Adds cross - references to Chapter 20.89 (Alcoholic Beverage Outlets) in
land use regulations schedules.
Reason: Due to a procedural error, the land use regulations schedules were not
revised at the time of the original amendment. This revision will correct the error,
Sections Revised: Sections 20.15.020, 20.20.020, 20.25.020, 20.41.070, 20.42.040,
and 20.45.030.
3. Summary: Establishes a minimum 10 -foot rear yard setback (unless otherwise
indicated on the Districting Maps) for properties abutting the waterfront. Allows
alternate waterfront rear yard setbacks to be established on the Districting Maps.
Reason: The Zoning Code has always allowed alternate front yard setbacks to be
established by the Districting Maps, but does not contain a similar provision for rear
yard setbacks along the waterfront, even though such setbacks appear on the
Districting Maps. For years, this discrepancy was resolved by interpreting
waterfront lots as having two front yards, one on the street and one on the water.
However, this interpretation creates conflicts with a number of definitions and
regulations in the Zoning Code. This amendment will correct this problem.
Sections Revised: Sections 20.10.030 (new Property Development Regulation ()
and 20.60.030 (A -5).
4. Summary: Changes "Automobile Rentals" to "Vehicle/Equipment Sales and
Rentals" in the Mariner's Mile land use regulations schedule.
Reason: This land use regulation schedule still contains the land use classification
from an earlier draft of the Zoning Code. This revision will correct the error.
Sections Revised: Section 20.42.040.
is
Atnendment 592
Septemb=9. 1999
Pap '6
5. Summary: Adds definitions for "Bay Window" and "Greenhouse Window" and
clarifies that such windows must be cantilevered.
Reason: Recently, a number building plans have been submitted that have tried to
use the encroachments allowed bay and greenhouse windows as a means to provide
additional floor area. This revision is intended to resolve that problem.
Sections Revised: Sections 20.03.030 and 20.60.030 (J).
6. Summary: Revises a cross - reference in the nonconforming parking section (from
Section 20.62.040 (D) to Section 20.62.040 (D -1 to D -3).
Reason: Needed to more precisely cross - reference the section.
Sections Revised: Section 20.62.060 (A -1 -a -2 & 3).
Summary: Clarifies that parking of motor vehicles, recreational vehicles, watercraft,
and trailers is prohibited in front yards, except on driveways in front of garages.
Also revises the definition of "recreational vehicle" to include camper shells and
adds a new definition for "watercraft."
Reason: These parking restrictions currently exist in the Zoning Code. However, a
person reading this section would need to look up the definitions for front, side, and
• rear yards in order to know where on the lot parking is permitted. Therefore, Code
Enforcement requested this section be revised to make these requirements clearer
and more direct.
Sections Revised: Sections 20.03.030 and 20.66.040 (B).
8. Summ ary: Adds the MFR District to the list of residential districts where real estate
signs are permitted.
Reason: Corrects an inadvertent omission.
Sections Revised: Section 20.67.035(A-1-a-1).
9. Summary: Transfers authority regarding use permits for massage establishments
from Planning Commission to the Planning Director.
Reason: Applications of this type are now routine, less controversial, planning
issues. This revision would expedite the processing of such applications, saving the
applicant time and allowing more efficient use of staff time and resources.
Sections Revised: Sections 20.87.025, 20.87.025 (B), and 20.87.030.
L-..J
Amendment 692
Septanba 9. 1999
Page 3 /
10. Summary: Revises the Alcoholic Beverage Outlet Ordinance to allow the Planning
Director to approve use permits for all off -sale establishments selling beer & wine
only.
Reason: Applications of this type are usually routine, less controversial, planning
issues. This revision would expedite the processing of such applications, saving the
applicant time and allowing more efficient use of staff time and resources. As
always, the Planning Director has the option of referring the application to the
Planning Commission for action if it is felt that the case presents issues that require
a higher level of review. The Planning Commission also retains the authority to call
up any action by the Planning Director for review.
Sections Revised: Section 20.89.040.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
' t-
Attachments: 1. Proposed Revisions.
2. Draft resolution.
Prepared by:
PATRICK J. ALFORD
Senior Planner
r � -4 �-O- ;; -- - "
Amendment 892
September 9. 1999
Page 4
al?a
0
9
0
City of Newport Beach
Planning Commission Minutes
September 9, 1999
Between the hours of Between the hours of II
7:00 o.m. and 10:00 o.m. 10:00 o.m. and 7,00 o.m.
Meosured of the property line of
commerciolly zoned property: N/A
Meosured of the property line of
residentiolly zoned property: N/A
extedo interio extedo
65 dBA N/A 60 dBA
60 dBA N/A 50 dBA
45 dBA 55 dBA 40 dBA 50 dBA
10. Disruption caused by construction work along roadways and by
movement of construction vehicles shall be minimized by proper use
of traffic control equipment and flagmen. Traffic control and
transportation of equipment and materials shall be conducted in
accordance with state and local requirements.
11. The Planning Commission may add to, or modify conditions of approval
to this Use Permit or recommend to the City Council the revocation of
this Use Permit, upon a determination that the operation which is the
subject of this Use Permit, causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or generalwelfare of the community.
12. This Use Permit shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050A of the Newport
Beach Municipal Code.
•00
SUBJECT: Amendments to the Zoning Code
An amendment to Title 20 of the Municipal Code to make several revisions to
the Zoning Code. These revisions relate to the definition of terms, terms and
cross - references in the land use regulations schedules, establishing waterfront
rear yard setbacks, regulations on bay and greenhouse windows, the
extension of garages into required yards, the parking of vehicles in required
yards, signs in residential districts, and the authority of the Planning Director to
approve alcoholic beverage outlets and massage establishments.
Public commentwas opened and closed.
Motion was made by Commissioner Gifford to adopt Resolution 1504
DRAFT
32
INDEX
Item No. 5
Amendments to Zoning
Code
Recommended for
Initiation
A3
City of Newport Beach
Planning Commission Minutes
September 9, 1999
892 to the City Council.
Ayes:
Fuller, Tucker, Ashley, Selich, Gifford, Kranzley, Hoglund
Noes:
None
Absent:
None
Abstain:
None
See Exhibit A that is attached to the minutes and incorporated as part of this
document.
•00
SUBJECT: Story Pole Procedures
Review of proposed procedures requiring the erection of story poles as a part of
development applications.
Senior Planner Patrick Alford noted that by leaving off the question of whether
story poles are required until the public hearing, it could somehow stifle the
process. Staff suggests considering instructing staff to bring items that have
potential for story poles as a discussion item, there the decision could be made
and then the story poles could be up before the public hearing is actually
heard.
Commissioner Tucker noted the reason for not requiring the erection of story
poles for all variances. He explained that in many instances it is not necessary
to ask the applicant to spend good money on story poles where the Planning
Commission is comfortable with viewing the plans and reaching their decision
whether to grant a variance or not. The requirement ought to be something
that the Planning Commission imposes on an applicant, because it does take
time, money and effort. It will not be necessary in every instance, as some
variances may not be contentious.
Commissioner Kronzley noted that story poles are another sign that something is
going on. It helps to alert the public that a structure is being altered that has to
do with height and /or mass. A variance is something special and we need to
be more proactive on having the public know what is going on.
Mrs. Wood stated that if the concern is notice as opposed to helping neighbors
understand what the situation is, I know that one Counclmember is going to
propose very shortly that we change our requirementsfor public noticing.
Commissioner Kranzley noted that we need to word them so that people
actually understand the impacts of what is going on. You can't read and
understand the notices as they are now.
33
INDEX
Item No. 6
Story Pole Procedures
Approved
0?
0
0
Exhibit A
Proposed Revisions to the Zoning Code
Section 20.03.030
Recreational Vehicle (RV): A vehicle towed or self - propelled and designed or
used for recreational or sporting purposes. This term includes, but is not limited
95 � °iiS�i" 5 v�k
to, travel trailers, pick -up campers, camper shells camping trailers, motor coach
homes, converted trucks or buses, boats and boat trailers, and all terrain vehicles.
Section 20.10.020 (Land Use Regulations Schedule)
R -A R -1 R -1.5 R -2
COMMERCIAL FILMING, LIMITED P P P P
GARAGE AND YARE) SALES PER5_O�IALPROPERj P P P P
SALEvS
HELIPORTS, TEMPORARY L -5 -- -- --
Section 20.10.030 (new Property Development Regulation ®)
(Q)
MFR Additional
Regulations
P (K)
P ([
L -5 (I)
i
f
Section 20.15.020 (Land Use Regulations Schedulel
UP
UP
(I), (J);(P)
UP
UP
RSC
APF
RMC
Additional
PD/U
(I), (J)(P)
UP
UP
Regulation;
CLUBS AND LODGES
UP
UP
UP
(P.
-YACHT CLUB
UP
UP
UP
(E), (F)?
CULTURAL INSTITUTIONS
UP
UP
UP
(P
COMMERCIAL RECREATION AND ENTERTAINMENT
UP
UP
UP
(I)P)
EATING AND DRINKING ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
-FULL SERVICE, LOW TURNOVER
-FULL SERVICE, SMALL SCALE
- TAKE -OUT SERVICE
- TAKE -OUT SERVICE, LIMITED
- ACCESSORY
-BARS AND COCKTAIL LOUNGES
FOOD AND BEVERAGE SALES
- CONVENIENCE MARKETS
- SERVICE STATIONS
UP
UP
UP
(I), (J);(P)
UP
UP
UP
(I), (J)(Pj
PD/U
PD/U
PD/U
(I), (J)(P)
UP
UP
UP
(I), (J){PZ
PD/U
PD/U
PD1U
(I), (J)(P)
P
P
P
(I), (J) (P
UP
UP
UP
(I),
P
---
- --
(Pl
P
L -I
P
(P
UP UP UP (K)fl
Yr +^
(P) See,Chapter 20 89 Alcoh"o"i_cYBeverage;0u efss
ii
a6
L
r1
�J
C�
Section 20.20.020 (Land Use Regulations Schedulel
M -1 M -1 -A IBP Additional
Regulations
CLUBS AND LODGES L -3 L -3 - -- (Jj
COMMERCIAL RECREATION AND UP UP L-4 (F),_ (J)
ENTERTAINMENT
EATING AND DRINKING ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER - -- - -- UP (F), (G)1(n
-FULL SERVICE, SMALL SCALE PD/U PD/U PD/U (F),
TAKE -OUT SERVICE UP UP UP (F), (G);m(jj
-TAKE -OUT SERVICE, LIMITED
PD/U PD/U
PD/U
(F), (G)„ (I}
- ACCESSORY
P P
P
(F), (G), (Jj
FOOD AND BEVERAGE SALES
- -- L-4
L4
{J]
- SERVICE STATIONS
UP UP
PD/U
ee Ghap[e[2099!
tllcohoLc-B v re age: "Outle a
Section 20.25.020 (Land Use Regulations Schedule)
GEIF Additional Regulations
CLUBS AND LODGES P to
CULTURAL INSTITUTIONS
EATING AND DRINKING ESTABLISHMENTS
- ACCESSORY
(H) See a to .e 0 89'cic0ho 0136.vera e+ 7777777 u e
iii
P do
P (F)- ,
a�
n
Section 20.41.070 (Land Use Regulations Schedule)
Commercial
Additional
Regulations
CLUBS AND LODGES
UP
(Kj
CULTURAL INSTITUTIONS
P
(K)
COMMERCIAL RECREATION AND ENTERTAINMENT
UP
EATING AND DRINKING ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
UP
um"'""
-FULL SERVICE, LOW TURNOVER
UP
(0} (G2M
-FULL SERVICE, SMALL SCALE
PD/U
- TAKE -OUT SERVICE
UP
(0 cd
- TAKE -OUT SERVICE, LIMITED
PD/U
(D) CW (K)
- ACCESSORY
P
G *...,
(D).; °.)1�K)
-BARS AND COCKTAIL LOUNGES
UP
(Q); G)',- {I{
FOOD AND BEVERAGE SALES
P
(IC)
- SERVICE STATIONS
UP
See Chester 20 89 Alcoholic Beverage C?uflets.
ection 20.41.050 (Land Use Regulations Schedule) 0
Residential Additional
Regulations
TEMPORARY USES (A), (B), (C)
GARAGE AXD *ARE) SALES
PERS NO�AI PROPER "F L7�SAIES' PG
REAL ESTATE OFFICES, TEMPORARY L -2
iv '� L
0
c
Section 20 42 040 (Land Use Regulations Schedulel
RSC RMC Additional
0 Regulations
CLUBS AND LODGES UP ...
-YACHT CLUBS - -- UP (I), (J)'?Qj
CULTURAL INSTITUTIONS UP L -2 (Q)
0
COMMERCIAL RECREATION AND ENTERTAINMENT UP UP (H)`(Q)
EATING AND DRINKING ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
UP
UP
�E_ (H)
-FULL SERVICE, LOW TURNOVER
UP
UP
W RZT4 —.
-FULL SERVICE, SMALL SCALE
PD/U
PD/U
(E) (H);
- TAKE -OUT SERVICE
UP
UP
axN...,
-TAKE -OUT SERVICE, LIMITED
PD/U
PD/U
(F), (J)Yffi
ACCESSORY
P
P
(E)ZOA (Qj
-BARS AND COCKTAIL LOUNGES
UP
UP
(cf
- SERVICE STATIONS
UP
- --
(G); 7(0
(Q) See Chapter:= =20 89 �A1�oho�lc�Beverage�0ut1
Section 20 42 040 (Land Use Regulations Schedule)
RSC
RMC
Additional
Regulations
VEHIC ^" "L%EQtJIPMFIV•SAIES
UP
---
A'IdD,REI9T
Section 20.43.040 (Land Use Regulations Schedulel
SR RMC
RSC
Additional
Regulations
CLUBS AND LODGES
UP UP
UP
(E)W
CULTURAL INSTITUTIONS
UP L -5
UP
m
COMMERCIAL RECREATION AND ENTERTAINMENT
EATING AND DRINKING ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
-FULL SERVICE, LOW TURNOVER
-FULL SERVICE, SMALL SCALE
- TAKE -OUT SERVICE
- TAKE -OUT SERVICE, LIMITED
- ACCESSORY
v
UP UP (J);
UP
UP
UP
(F), WHO
,;,
UP
UP
UP
(F), (J)
PD/U
PD/U
PD/U
(F), (J)(Ikt)
UP
UP
UP
(F), (J)I&:3,
PD/U
PD/U
PD/U
(F), (J)Yffi
P
P
P
(F), (J). ,
5m
SR RMC RSC Additional
Regulations
-BARS AND COCKTAIL LOUNGES UP UP UP
FOOD AND BEVERAGE SALES P
(Ivl] iSee Cater ",20 8 Alcohohc..Beveiage Outlets
Section 20.45.030 (Land Use Regulations Schedulel
Section 20.45.030 (Land Use Regulations chedulel
RSC RP R -2 MFR GEIF OS Additional
Regulations
FAIRS AND FESTIVALS P - -- - -- - -- P P (K)
GARAGE MPID YARD SALES PERS ; P P P - -- --- {
OUTDOOR STORAGE, TEMPORARY P — - -- - -- (M)
'i Rcn
(O� SSee`ctio X20 50120'.= .ersonPrp_" pert5� e , 'I2esldenu� D,�s�tic , .
A 16
9
u
RSC
RP R -2 MFR GEIF
OS Additional
Regulations
CLUBS AND LODGES
P
L -3 L -3 L -3 L-4
(Q)
CULTURAL INSTITUTIONS
- --
- -- - -- L -4
P'
COMMERCIAL RECREATION AND
UP
- -- - --
L -6 (G) co
ENTERTAINMENT
EATING AND DRINKING STABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
UP
- --
'..)-,,.-_,,.,'"' ) '
-FULL SERVICE, LOW TURNOVER
UP
- -- - -- - -- - --
- -- (pj 0fi -; �pj
-FULL SERVICE, SMALL SCALE
PD/U
- -- - -- __- - --
_ -- ((jj,- (�,;(I��Sp)
- TAKE -OUT SERVICE
UP
- -- - -- - --
- -- (G CH)
-TAKE-OUT SERVICE, LIMITED
PD/U
- -- - -- - -- - --
. ._
__ (��u(Dx (p)
- ACCESSORY
P
- -- - -- - -- P
- -- (01ROOM, 0
-BARS AND COCKTAIL LOUNGES
UP
- -- - -- - -- - --
- -- rr)m (I3ii2e O`
FOOD AND BEVERAGE SALES
P
- -- - -- - -- - --
- -- (O3
Section 20.45.030 (Land Use Regulations chedulel
RSC RP R -2 MFR GEIF OS Additional
Regulations
FAIRS AND FESTIVALS P - -- - -- - -- P P (K)
GARAGE MPID YARD SALES PERS ; P P P - -- --- {
OUTDOOR STORAGE, TEMPORARY P — - -- - -- (M)
'i Rcn
(O� SSee`ctio X20 50120'.= .ersonPrp_" pert5� e , 'I2esldenu� D,�s�tic , .
A 16
9
u
Section 20 46.030 (Land Use Regulations Schedulel
RSC GEIF OS Additional
Regulations
FAIRS AND FESTIVALS _ P P P
GARAGE TAon SALES PERSOI 47ZWOPERT: C P -- (n _
SALES
HELIPORTS, TEMPORARY L -12 L -12 L -12
""' ' �"` � " `'" ; pe�yrt �Sa Alesn`Residentiai�Dsticts,�.
#� ,. Syee „,Sec,,,,_t1on�20�60�20'xPerson Pro
Section 20.46.030 (Land Use Regulations Schedulel
11
Vii 31
RSC GEIF
OS Additional
Regulations
CLUBS AND LODGES
UP - --
- -- (i
CULTURAL INSTITUTIONS
UP
--
COMMERCIAL RECREATION AND
UP —
(F) a11
ENTERTAINMENT
. EATING AND DRINKING ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
UP --
(F), (G)EA
-FULL SERVICE, LOW TURNOVER
UP
— (F), (G)
-FULL SERVICE, SMALL SCALE
PD/U
— (F) (G)pm
-TAKE -OUT SERVICE
UP --
(F), (G)
- TAKE -OUT SERVICE, LIMITED
PD/U --
(F) , (G) ”
- ACCESSORY
P —
— (F), (G)
-BARS AND COCKTAIL LOUNGES
UP --
(F), (G)
FOOD AND BEVERAGE SALES
P - --
- --
11
Vii 31
Section 20.60.030 (A -51
Exceptions:
a. Fences, walls, uncovered accessory structures, and hedges shall not
exceed a height of 3 feet above the natural grade in all required
��=t� �- .»tea.:, ,,xr axe -v- -r� +'-aY. �,�..,,_p
€Fent rear yard setback areas abutttnf orMatllacent to;the
the channels
in West Newport er the bay en the Balboa Deems,l
b. Fences, walls, and hedges shall not exceed a height of 5 feet above
the natural grade in all required front yard setback areas adjacent to
North Bay Front and South Bay Front on Balboa Island andEast
Bay "Front on rLrttle Balboa IslacI (the upper 2 feet, 6 inches of
which must be at least 40 percent open).
Section 20.60.030 (.T)
1.
2.
3.
4.
5.
viii
0
3a
11
C./
0
11
6. !Oj
jW
Ns—twM� Between
NMM�E
g
al o�h
ti X d —di
Exteosioa !n!s
Bay
Windows and Greenheuse Windows.
The terms
M=o of
And
Ed'
windows" shall be
limited rst ooh
.
R("Pr�
W"
tions extending be end the wall
y
of a building whieh
Bay
Windows and Greenheuse Windows.
The terms
"bay windwwr"
And
I.-r-eenheuse
windows" shall be
f
tions extending be end the wall
y
of a building whieh
s�tisfy
all of the
Bay Windows and
G.-eenhouse Wiadews•
Baywindows and gmenhetise windows not te exeeed 9 feet in width may
at a distanse e 2 feet inte any r-equifed fient yafd sethaek of 10 fee
er ipere. Said windews net to exeeed 8 feet in width, may et...... a
distanee ef 16 inehes inte any required &ent yard sethaek Fmging fFefn 4
feet to less than 10 feet.
Ix
IWO
1p.Woi
..........
Ix
IWO
1p.Woi
Bay windews and a
,.. a distanee e f 2 feet into any -e,.. .,a _a setbaek, unless h
Section 20.62.060
(2) Minor additions to existing buildings, such as the
construction of bathrooms, closets and hallways, or
the expansion of existing rooms, subject to the floor
area limits of Section 20.62.0.040 (13 - -3).
(3) Addition of a new room provided that there is no
net increase in the number of habitable rooms, upon
the approval of a modification permit, subject to the
floor area limits of Section 20.62.0.040 (13= 5'= -;DD).
Section 20.66.040 B)
B. General Controls. The following narking controls
residential districts:
1. For each dwelling unit there shall be at least 1 covered parking
space.
2. Tandem parking up to a maximum of 2 cars in depth shall be
permitted.
1. Pffkrn"inNJVBdiMaTM
J`
x
Yw..I
..
b Si3b Yards; Parking r torag m require side yards Mn
the reazrlme,_ofe „aregurred€)rontvard shall be permitted;
is Fevidpd bewever- that stmetural an meats shall net be
.
C. Rear azdsParkingor storage m required rearaysli Ie
rim
Covered parking spaces located on the front one -half of a lot shall
have side walls and an operating garage door for access of
automobiles.
6. R -1.5 District. Enclosed parking shall be enclosed on all sides by
walls or doors.
7. Parking o sr r "age e€ automobiles on the roof of a building in any
residential district is net allowed prot�ed.
8. Parking or storag n of trailers heRts inetereveles or faster
vekieles `hall - ^ «' ° ° "^ ^ ^a is prohit i ed on vacant lots.
Section 20.67.035 tA- 1 -a -11
(1) In the R -A, R -1, R -1.5, R -2, Iv Rand PRD Districts, as
well as PC Districts which provide for residential uses and
contain no specific provisions relative to temporary signs,
temporary real estate signs are permitted subject to the
following:
Section 20.87.025
20.87.025 Massage Establishments As An Independent Use
A massage establishment which operates as an independent use, shall be permitted in the
^ ^ ^ ' ^ 2 DisWets, M -1 -A District, RMC, RSC, and APF Districts, commercial
areas of PC Districts and commercial areas of the SP-4 (Newport Shores Specific Plan);
and SP -5 (Mariner's Mile Specific Plan) ati _ P- 'Old e ' evai a tfic
PI"an< Districts, subject to the securing of a use permit app ye 'irec r"
in each case, and provided further that such establishment conforms to the following:
xi 215
Section 20 87 025M I*
B. Waiver of Location Restrictions. Any property owner or his authorized
agent may apply for a waiver of the location restrictions contained in this
section. The Planning �mDirectbr, after a public hearing, may
waive any location restriction, if all the following findings are made:
Section 20.87.030
20.87.030 Amortization
Any massage establishment as defined in this chapter which was lawfully in existence as
of the effective date of this chapter (March 25, 1992) which does not comply in whole or
in part with the provisions of this chapter, shall be terminated or otherwise be brought
into full compliance within 1 year of the effective date of this chapter (March 25, 1992).
For those establishments which cannot be brought into compliance with these provisions
because they are not in an approved district, the use may be extended for only one
additional period of time, to be established by the Planning rrDue or, upon a
showing by the applicant that such extension is reasonably necessary to permit the owner
of the massage establishment to amortize or otherwise recover any along term investment
in the massage establishment.
Any request for an extension of the 1 year amortization period must be made in writing
by the owner of the massage establishment to the Planning EeRirnis4er -"P 6" by filing
not later than 60 days prior to
the end of the 1 year period provided for in this section.
The Planning GeffHaissiettD etbr may grant an extension of up to 1 additional year if
the business is otherwise in compliance with all other applicable provisions of law, and
upon a showing by the applicant:
Section 20.89.040
20.89.040 Authority
The Planning Commission shall approve, conditionally approve, or disapprove
applications for use permits for alcoholic beverage outlets.
Exception. The Planning Director shall have the authority to render decisions on
use permits for food and beverage sales establishments totaling more than 10,000
square feet with no more than 10 percent of the gross floor area devoted to alcohol
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sales and
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