Newport Beach City Zoning Code

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.

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.

The proposed project complies with all applicable provisions of this Zoning Code;

The exercise of authority will act to ensure the compatibility of the proposed project with its site and surrounding properties;

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

The decision is consistent with the General Plan, any applicable specific plan, or any other applicable regulation or standard.

Residential Density. Except for projects that include a density bonus in accordance with Section 20.32.040(A), 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 one thousand five hundred (1,500) square feet, a site of ten thousand (10,000) square feet would be allowed six dwelling units (10,000 sq. ft/1,500 sq. ft. per dwelling unit = 6.66 dwelling units, which is rounded down to six dwelling units).

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.

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.

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.

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 development plan, development agreement, specific plan, or annexation agreement. Notwithstanding the foregoing, if a conflict occurs between the standards adopted as part of a planned community development plan and an application for a tentative parcel map for an urban lot split that meets all of the requirements of Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single-Unit Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot Splits), then Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single Unit Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot Splits) shall apply.

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.

Director’s Interpretation. The Director may determine that a proposed land use that is not listed in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards) may be allowed if the following findings can be made:

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.

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;

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;

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;

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

Where a district or area boundary approximately follows the waterfront of Newport Bay, the boundary shall be construed to follow the bulkhead line.

A number following the district symbol designates the minimum site area required per dwelling unit if the requirement differs from the district standard minimum.

Two numbers following the district symbol indicates that both the minimum and maximum number of dwelling units are 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.

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.