Newport Beach City Zoning Code

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.

Roof-Mounted Mechanical Equipment.

Ground-Mounted Mechanical Equipment.

Sound Rating. Roof-mounted and ground-mounted mechanical equipment shall be subject to Section 10.26.025 (Exterior Noise Standards).

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 Section 10.26.025 (Exterior Noise Standards).

Maintenance Required. Screening shall be maintained in good condition at all times. Landscaping used as screening shall provide a dense, year-round screen.

Exception to Screening Requirement. Where it can be clearly demonstrated that the exterior roof-mounted or ground-mounted mechanical equipment is not visible from any public right-of-way, public property, or residential property in a residential zoning district, the Director may waive the screening requirements of this section.

Nonresidential Use. Where a nonresidential zoning district abuts a residential zoning district, a solid masonry wall a minimum of six feet in height shall be required.

Industrial Use. Where an industrial zoning district abuts a residential zoning district, a solid masonry wall a minimum of eight feet in height shall be required.

Fences, Hedges, and Walls. Maximum heights of fences, hedges, and walls are shown in Table 3-1.

Retaining Walls. The maximum height of a retaining wall shall be eight 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 six 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 20.52.050 (Modification Permits).

Grade Differential. Where the existing or proposed grade of a lot adjacent to the front setback area is more than twenty-four (24) inches above the adjacent sidewalk (or curb elevation where no sidewalk exists), a maximum twenty-four (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 thirty-six (36) inches each, provided they are set back a minimum distance of twenty-four (24) inches from the inward face of the previous retaining wall. Additional retaining walls shall be subject to the same limitation. A maximum forty-two (42) inch guardrail shall be allowed atop the uppermost retaining wall for safety purposes, provided the guardrail is constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least forty (40) percent of the fence is open. See Figure 3-1.

Decorative Fence/Wall Details and Lights.

Fencing for Pools and Spas.

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 eight feet in height in required residential side yards for buffering and/or sound attenuation.

Residential Lots Where the Top of Slab Is Required to Be Raised to 9.0 NAVD88 and Where the Grade of the Lot Is Proposed to Be Increased. The height of fences and walls within required side and rear yard setback areas may be increased provided the height does not exceed six feet as measured from the proposed finished grade and nine feet as measured from the existing grade prior to construction. Additionally, the height of fences or walls shall not exceed nine feet as measured from the existing grade of an abutting lot. The portion of the fence or wall above six feet in height from the existing grade prior to construction shall be constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least sixty (60) percent of the fence or wall is open or is constructed of a transparent material.

Hedges in Lido Isle. The maximum hedge height in the front setback area abutting stradas in Lido Isle shall be five feet.

The slope of a lot shall be determined using a four-sided polygon that most closely approximates the actual footprint of the proposed structure. The area of the four-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 3-2);

The slope of the polygon shall be determined using the highest and lowest elevation at any of the four corners of the polygon and the distance between the respective corners;

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.

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.

Five Percent or Less Slope. On lots where the slope of the four-sided polygon is five 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 four-sided polygon. Example: A + B + C + D = X; X/ 4 = Established grade elevation from which to measure structure height.

More than Five Percent Slope.

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 (C) of this section (Increase in Height Limit) or subsection (D) of this section (Exceptions to Height Limits).

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 guardrails and parapet walls. Structures with sloping roofs shall be measured to the highest peak of the roof. Structures with flat roofs shall be measured to the top of the roof, guardrail, 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).

Flood Hazard Areas.

Structures on Ocean Boulevard. New structures and additions/changes to existing structures on the bluff side of Ocean Boulevard in Corona del Mar shall not be constructed to a height greater than the elevation of the adjacent curb. The top of curb height limit shall be established by a plane created by the extension of the top of curb line across each lot.

Procedure. The base height limits established in Part 2 of this title (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 subsection (C)(3) of this section (Required Findings). Height limits established as part of an adopted planned community shall not be subject to this subsection.

Height Limit Areas. The height limit areas shall be as follows:

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:

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 exists or is proposed for the site, only the principal structure shall be eligible for approval to exceed the maximum height limit.

Architectural Features. Architectural features (e.g., cupolas, weathervanes, and other decorative rooftop 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.

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 seventy (70) feet, subject to the approval of a minor use permit.

Chimneys and Vents. Chimneys and spark arrestors for fireplaces and roof-mounted vents shall be allowed to exceed the allowed height limits as follows:

Dormers. Dormers may be allowed to exceed the maximum height; provided, that:

Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell housings may exceed the allowed height limit by the minimum height required by Title 15 (Building and Construction), provided they do not exceed thirty (30) square feet in area, unless a larger elevator is required by Title 15 and/or the Fire Department. In these instances, the area of the elevator or stair housing shall not exceed the minimum size required by Title 15 and/or the Fire Department. Elevator shafts and enclosed stairwell housings that exceed thirty (30) square feet in area shall have sloped roofs with a minimum 3/12 pitch.

Fences, Hedges, and Walls. Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) sets forth exceptions to height limits for these structures.

Flag Poles.

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 fifty-five (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 in Section 20.52.080:

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).

Mechanical Equipment.

Solar Equipment. The height limit regulations in this Zoning Code do not apply to equipment and panels used for the production of solar energy.

Skylights and Roof Windows. Skylights or roof windows shall be allowed to exceed the maximum height limit by up to six inches on conforming roofs.

AELUP Requirements.

Citywide Requirements. Development projects that include structures higher than two hundred (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 two hundred (200) feet above existing grade shall file Form 7460-1 with the Federal Aviation Administration (FAA).

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.

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.

A photometric study may be required as part of 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.

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.

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).

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.

Prior to the issuance of any building permits for such development, a noise study shall be prepared by a City-approved qualified acoustical consultant and submitted to the Community Development Director for approval;

All new residential structures or the residential units within a mixed-use development shall be attenuated to provide an interior noise level of 45 dBA CNEL or less;

The design of the residential portions of mixed-use projects and residential developments shall have adequate noise attenuation between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code;

New mixed-use developments shall incorporate designs with loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development;

Use of walls, berms, interior noise insulation, double-paned windows, advance insulation systems, or other noise mitigation measures as deemed appropriate shall be incorporated in the design of new residential to bring interior sound attenuation to 45 dBA CNEL or less;

Residential uses shall be indoor-oriented to reduce noise impingement on outdoor living areas;

On-site indoor amenities, such as fitness facilities or recreation and entertainment facilities, shall be encouraged; and

Advanced air filtration systems for buildings shall be considered to promote cleaner air.

Residential development shall be limited to parcels or sites wholly or partially outside the 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the parcels or sites wholly within such contour area are needed for the City to satisfy its 6th Cycle RHNA mandate. Nonresidential uses are encouraged on parcels or sites located wholly within the 65 dBA CNEL contour area.

Public access easements shall be a minimum of six feet in width;

Public access easements may be provided within required setback areas;

Signs shall be provided for the purpose of directing the public to the bay front access; and

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.

Structures.

Setback Areas to Be Open. Each required setback area shall be open and unobstructed from the ground upward, except as provided in this section.

General.

Front Setback Area.

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.

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.

Rear Setback Area.

General Regulations.

Accessory Structures.

Architectural Features.

Awnings and Canopies. Awnings and canopies may encroach into required setback areas up to a maximum of five feet subject to the following limits.

Balconies Abutting East Ocean Front and West Ocean Front.

Bay Windows and Greenhouse Windows. Bay windows and greenhouse windows shall be allowed to encroach into required setback areas subject to the following limits:

Fireplaces, Barbecues, and Chimneys—Attached.

Fireplaces and Barbecues—Freestanding.

Garages and Carports for Duplexes. Where three parking spaces are located in garages or carports across the rear of a lot that is less than thirty (30) feet ten (10) inches wide, one garage/carport wall or support may encroach into the side setback area subject to the following:

Basement Walls. Basement walls that are located completely below grade may encroach into a required setback area up to twelve (12) inches.

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.

Protective Railing. Protective railings around balconies and windows required by Title 15 may encroach up to six inches into a required setback area.

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:

Shoring. Permanent or temporary shoring may encroach into a required setback area, provided it is located completely below finished grade and at least twelve (12) inches from any property line.

Swimming Pools/Spas. Swimming pools, spas, and other similar devices/equipment that are placed directly upon the existing grade and are less than forty-two (42) inches in height may be located within a required front, side, or rear setback area other than those abutting an alley.

Accessory Dwelling Units. Accessory dwelling units may be established within required setback areas in compliance with the requirements of Section 20.48.200 (Accessory Dwelling Units).

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.

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.

Comply with the dimension, capacity, and number requirements in this subsection and shall be adequate in distribution to serve the development project;

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;

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;

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 six feet above ground level. Screening shall consist of solid masonry walls, metal gates, and landscaping;

Be compatible with the surrounding structures and land uses;

Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials;

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;

Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable; and

Comply with National Pollutant Discharge Elimination System (NPDES) and Regional Water Quality Control Board (RWQCB) requirements.

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.

Storage areas shall only be located:

Storage area(s) shall be accessible to residents and employees at all times. Storage areas within multi-unit residential developments shall be located within two hundred fifty (250) feet of an access doorway to the dwellings that they are intended to serve.

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.

Storage areas shall not be closer than twenty (20) feet from doors or operable windows of adjacent structures and property located in a residential zoning district.

Trash container storage areas shall be located out of view from public places and shall not be located in required parking areas.

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 six inches above the tops of the containers.

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;

Fifteen (15) feet from the intersection of a public or private street right-of-way and an alley;

Ten (10) feet from the intersection of two alleys. See subsection (E) of this section; and

Five feet from the corner of an intersecting street right-of-way and a driveway.

Fences, walls, signs, accessory structures, mounds of earth, or other visual obstructions shall not extend above thirty (30) inches in height as measured from adjacent finished grade;

Hedges, shrubbery, and vegetation shall be maintained to a height of twenty-four (24) inches or less as measured from adjacent finished grade;

Only trees with single trunks are allowed and tree canopies shall be maintained at a minimum height of seven feet above ground level, as measured from adjacent street curb elevation.

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.

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.

A minimum of five percent of the total number of units of a housing development shall be restricted and affordable to very low-income house-holds.

A minimum of ten (10) percent of the total number of units of a housing development shall be restricted and affordable to low-income households.

A minimum of ten (10) percent of the total units in a for-sale housing development shall be restricted and affordable to moderate-income house-holds, provided that all units in the housing development are offered to the public for purchase.

One hundred (100) percent of all units in a housing development, exclusive of a manager’s unit or units, shall be restricted and affordable to lower-income households, except that no more than twenty (20) percent of the units in the housing development, including total units and density bonus units, may be affordable to moderate-income households.

A minimum of ten (10) percent of the total units of a housing development for transitional foster youth, disabled veterans, or homeless persons shall be provided at the same affordability level as very low-income units.

A minimum of twenty (20) percent of the total units of a housing development shall be affordable to lower-income college students.

A condominium conversion project where either thirty-three (33) percent of the units converted are affordable to low- or moderate-income house-holds, or fifteen (15) percent of the units converted are affordable to very low- or extremely low-income households.

A senior citizen housing development, as defined in California Civil Code Sections 51.3 and 51.12, that has at least thirty-five (35) dwelling units or a mobile home park that limits residency based on age requirements for housing older persons in compliance with California Civil Code Section 798.76 or 799.5.

The applicant for a housing development donates at least one acre of land to the City for very low-income units, provided the land has the appropriate General Plan designation, zoning, permits and approvals, and access to public facilities needed for such housing.

The housing development replaces the existing affordable units in accordance with all of the requirements set forth in Section 20.32.120; and

The housing development, inclusive of the units replaced pursuant to this section, contains affordable units at one of the percentage levels set forth in subsection (A) of this section.

One hundred (100) percent of the units in a housing development exclusive of a manager’s unit or units, are restricted and affordable to very low- and low-income households, except that no more than twenty (20) percent of the total units (including density bonus units) in the housing development are restricted and affordable to moderate-income house-holds.

The housing development is located within one-half mile of a major transit stop with unobstructed access.

All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled full-time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges.

The applicant or property owner shall provide evidence to the City that the housing development shall be subject to an operating agreement or lease with one or more institution of higher education that all units shall be exclusively occupied by the students of the institution(s).

The rent for affordable units shall be calculated at thirty (30) percent of sixty-five (65) percent of the area median income for a single-room occupancy unit.

Priority for the affordable units shall be given to lower-income students experiencing homelessness. A homeless service provider, as defined in California Health and Safety Code Section 103577(3)(e), or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subsection.

For purposes of calculating a density bonus granted pursuant to this section, the term “unit” shall mean one rental bed and its pro rata share of associated common area facilities.

Any increase authorized by this subsection may be approved in addition to any increase in density allowed by Section 20.32.030 up to a maximum combined density increase of thirty-five (35) percent.

The donated land shall be the greater of:

The existing General Plan and zoning designation of the donated land shall be zoned to accommodate at least thirty (30) dwelling units per acre, and is, or will be, served by adequate public facilities and infrastructure through the construction of the housing development.

The land shall be donated and transferred to the City or a housing developer that is approved by the City. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, or issuance of building permits for the housing development where no subdivision is required.

The City shall not approve the final subdivision map or issue building permits for the housing development unless and until all permits, other than building permits, for the development of very low-income housing have been issued for the donated and transferred land.

The donated and transferred land shall be within the boundary of the housing development, or upon approval of the review authority, within one-quarter mile of the housing development.

The source of funding for the development of very low-income housing on the donated and transferred land shall be identified not later than the date of approval of the final subdivision map or issuance of building permits for the housing development.

The donated and transferred land and the affordable units shall be subject to a deed restriction recorded on the property at the time of transfer ensuring continued affordability of the units consistent with Section 20.32.130.

Parking Ratios. At the request of the applicant, the following minimum parking ratios may apply to the housing development:

Within One-Half Mile of Major Transit Stop. Notwithstanding subsection (B)(1) of this section, if a housing development provides at least twenty (20) percent low-income units or eleven (11) percent very low-income units and is located within one-half mile of a major transit stop with unobstructed access, then, upon the request of the developer, the City may not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds 0.5 spaces per bedroom.

Zero Parking. Notwithstanding subsection (B)(1) of this section, if a housing development consists solely of rental units affordable to lower-income families, then upon the request of the developer, the City may not impose a vehicular parking ratio, inclusive of handicapped and guest parking, if either of the following criteria are met:

Notwithstanding subsections (B)(2) and (B)(3) of this section, the City may impose the parking ratio set forth in subsection (B)(1) of this section, if the City or an independent consultant has conducted an areawide or jurisdiction-wide parking study within the past seven years that demonstrates a higher parking ratio is necessary based upon an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low-income individuals, including seniors and special needs individuals.

The incentive or concession is not required in order to provide affordable housing costs or for rents for the targeted units to be set as specified in Section 20.32.130(B);

The incentive or concession would have a specific adverse impact upon public health and safety, 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

The incentive would be contrary to State or Federal law.

One incentive or concession for a housing development that includes at least ten (10) percent of the total units for low-income households, at least five percent of the total units for very low-income households, at least twenty (20) percent of the total units for low-income students in a student housing development, or at least ten (10) percent of the total units for moderate-income households in a for-sale housing development.

Two incentives or concessions for a housing development that includes at least seventeen (17) percent of the total units for low-income households, at least ten (10) percent of the total units for very low-income households, or at least twenty (20) percent of the total units for moderate-income house-holds in a for-sale housing development.

Three incentives or concessions for a housing development that includes at least twenty-four (24) percent of the total units for low-income households, at least fifteen (15) percent of the total units for very low-income households, or at least thirty (30) percent of the total units for moderate-income house-holds in a for-sale housing development.

Four incentives or concession for projects that meet the criteria of Section 20.32.030(A)(4). If the housing development is located within one-half mile of a major transit stop with unobstructed access, the housing development is eligible for a height increase of up to three additional stories, or thirty-three (33) feet.

A reduction in the development standard(s) as that term is defined in Section 20.32.020, that results in identifiable, financially sufficient, and actual cost reductions;

A mixed-use project in conjunction with the housing development, if the nonresidential portion of the mixed-use project will reduce the cost of the housing development, is compatible with the residential portion of the housing development, and is compatible with adjacent existing or planned development;

A reduction or waiver of any City imposed fee or dedication of land, which shall be at the sole discretion of the City Council; and/or

Other regulatory incentives that will result in identifiable, financially sufficient, and actual cost reductions.

The waiver or reduction of development standards would have a specific adverse impact upon public health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

The waiver or reduction of development standards would have an adverse impact on any real property listed in the California Register of Historical Resources.

The waiver or reduction of development standards would be contrary to State or Federal law.

An amount of residential floor area equal to or greater than the floor area of the childcare facility; or

An incentive that contributes to the economic feasibility of the childcare facility as provided in Section 20.32.070(C).

The childcare 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 20.32.130; and

Of the children who attend the childcare facility, the children of very low-income, low-income, or moderate-income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income, lower-income, or moderate-income households in compliance with Section 20.30.030(A).

The applicant agrees to pay for the reasonably necessary administrative costs, including, but not limited to, staff costs, consultant fees, photocopy costs, and mailing fees, incurred by the City; and

The City places such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent very low-, low- and moderate-income households.

Rental Units. Rents for density bonus units shall be set at an affordable rent as defined in California Health and Safety Code Section 50053; and

Owner-Occupied Units. Owner-occupied units shall be available at an affordable housing cost as defined in California Health and Safety Code Section 50052.5.

The unit is initially occupied by a very low-, low-, or moderate-income household, offered at an affordable housing cost as defined in California Health and Safety Code Section 50052.5, and subject to an equity sharing agreement.

The unit is purchased by a qualified nonprofit housing corporation pursuant to a contract that is recorded on the property, and all of the following are satisfied:

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

The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in California Health and Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this section:

Identification of Affordable Units. Affordable units shall be identified by address and legal description, type (floor area, number of bedrooms/ baths, unit size, etc.), and designated household income category. The affordable housing agreement shall also identify the total number of affordable units and total number of units approved for the housing development.

Term of Affordability. Unless specified elsewhere in this chapter, a minimum term of fifty-five (55) years of the specified affordability shall be required. Such reservation period shall begin on the date a certificate of occupancy is granted for the affordable units.

Maximum Allowable Rent or Sales Price.

Monitoring of Compliance to Agreement. A monitoring program shall be required, specifying the party responsible for certifying tenant incomes and sales price, maintaining the required number of affordable units for the property, marketing and filling unit vacancies.

Remedies. Description of remedies for breach of the affordable housing agreement by either party (the City may identify tenants or qualified purchasers as third-party beneficiaries under the agreement).

Description of Density Bonus. A description of the incentives and/or concessions, if any, being provided by the City.

Schedule. A schedule for completion and occupancy of the affordable units.

Other Provisions. Other provisions to ensure implementation and compliance with this chapter.

Impervious surface areas, excluding drive-ways, shall not exceed fifty (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.

Where the typical neighborhood pattern of front yards has been developed with hardscaped out-door living areas that exceed the fifty (50) percent maximum for impervious surfaces the Director may waive this requirement.

Interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic in compliance with Section 20.30.130 (Traffic Safety Visibility Area);

Conflict with overhead utility lines, overhead lights, or walkway lights; or

Block roadways, pedestrian access, or bicycle ways.

Landscape materials and landscaped areas shall be maintained in compliance with an approved landscape plan.

Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. Lawn areas shall be exempt from the healthy and growing condition provision when the City Council has declared a Level Three water supply shortage (Section 14.16.080) and all lawn, landscape, and other vegetated areas shall be exempt from the healthy and growing condition requirement when the City Council has declared a Level Four water supply shortage (Section 14.16.090).

Landscaped areas shall be kept free of weeds, debris, and other undesirable materials.

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.

Landscape materials and landscaped areas shall be maintained to minimize impacts to public viewsheds to the greatest extent feasible.

Required Information. Landscape plans shall contain the information required by the Department.

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.

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.

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.

Parking Areas. Parking areas shall be land-scaped as outlined in Section 20.40.070 (Development Standards for Parking Areas).

Variety. Landscaping shall include trees, shrubs, and groundcovers.

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.

Size at Time of Planting. Plant materials shall be sized and spaced to achieve immediate effect and shall be a mixture of fifteen (15) gallon, twenty-four (24) inch box, and thirty-six (36) inch box containers for trees, minimum five-gallon container for shrubs, and six-inch pots for mass planting, unless otherwise required or approved by the review authority.

Drought Tolerant Species. Landscape designs shall emphasize the use of drought tolerant plant species (xeriscape).

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:

Deciduous Trees. Landscape designs shall maximize the use of deciduous trees.

Grouping of Plants. Plants having similar water use requirements shall be grouped together in distinct hydrozones.

All landscaped areas, except those intentionally maintained with native plants, shall include an automatic irrigation system.

Water-efficient systems (e.g., drip, minispray, 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 groundcover areas.

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, groundcover, shrub, tree areas), or a variety of solar aspects.

Soil moisture-sensing devices and rain sensors shall be used on projects with more than one thousand (1,000) square feet of landscaped area. The use of satellite-based controllers is encouraged.

The review authority may require soil moisture-sensing devices and rain sensors for any project.

Watering shall be scheduled at times of minimal wind conflict and evaporation loss.

Sprinkler heads shall have matched precipitation rates within each valve zone.

Check valves are required where elevation differential may cause low head drainage.

Overspray or run-off onto paved areas is prohibited.

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.

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.

Expansion shall be limited to a maximum of fifty (50) percent of the gross floor area of the existing structure within any ten (10) year period. Expansion of residential structures may be permitted up to a maximum of seventy-five (75) percent with a modification permit approved by the Planning Commission in compliance with Section 20.52.050 (Modification Permits) and when the following additional findings can be made:

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;

The addition shall comply with all applicable development standards and use regulations of this Zoning Code;

Additional parking shall be provided in compliance with Section 20.38.060 (Nonconforming Parking); and

The square footage of the required residential parking area additions identified below shall be excluded from the allowed expansion under subsection (G)(1) of this section, but shall be included as gross floor area.

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 preexisting height and floor area; provided, that not less than the preexisting number of parking spaces is provided.

Landmark Structures. Landmark structures shall be exempt from the requirements of this chapter in compliance with Section 20.38.070 (Landmark Structures).

R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and RM-6,000 Zoning Districts. Existing principal structures within the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and RM-6,000 Zoning Districts, previously designated within the B Overlay District, with nonconforming side yard setbacks only are exempt from the limits of this section.

Nonresidential Zoning Districts. 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.

Residential Zoning Districts. A residential use that is nonconforming because it exceeds the allowed number of units for the zoning district may be altered subject to compliance with the provisions of Section 20.38.040 (Nonconforming Structures).

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:

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:

Exception for Cottage Preservation. For the purposes of eligibility as a “cottage” for this section, the existing development prior to the addition shall consist of either a residential single-unit dwelling, duplex, or triplex, with individual unit sizes of one thousand five hundred (1,500) square feet or less, and does not exceed one story and sixteen (16) feet in height on the front half of the lot, and does not exceed two stories and twenty-four (24) feet in height on the rear half of the lot. Notwithstanding the provisions of subsections (A)(1)(b) and (2)(b) of this section, additions of up to fifty (50) percent of the existing floor area of the structure, but no more than seven hundred fifty (750) square feet, are permitted for a cottage that complies with the following criteria:

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 two hundred fifty (250) square feet of gross building area.

Repair, Maintenance, and Alterations. Repair, maintenance, and alterations to nonconforming structures and uses shall be allowed as provided in Section 20.38.040(A) through (G).

Addition to Structure or Intensification of Use. A nonconforming structure or use may be enlarged by up to ten (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:

Demolition of Structure. All rights with regard to nonconforming parking shall be lost for a structure that is voluntarily demolished, except as provided in Section 20.38.040(H) (Exceptions).

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 three hundred (300) people.

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.

Change of Use.

Alterations. Structural alterations may be made to a landmark structure without obtaining a discretionary permit subject to compliance with the conditions of subsection (D) of this section.

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;

The principal use of the landmark structure shall occupy at least seventy (70) percent of the gross floor area of the structure;

Any permit required by other titles of the Municipal Code (other than this title) shall be obtained before the initiation or intensification of an accessory use of a landmark structure;

Accessory uses in any landmark theater shall be conducted only between the hours of 8:00 a.m. and 12:00 a.m.;

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

The facade 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.

Restoration work is commenced within twelve (12) months of the date of damage, unless otherwise allowed by the Director, and is diligently pursued to completion; and

An abatement period for the nonconforming use has not been established in compliance with Section 20.38.100 (Abatement Periods).

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.

Up to Seventy-Five (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 seventy-five (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.

Greater than Seventy-Five (75) Percent Damage or Destruction. If a nonconforming structure is involuntarily damaged or destroyed to an extent of more than seventy-five (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 twelve (12) months after the damage or destruction occurs.

The use, or nonconforming operational characteristic of a use, is discontinued for one hundred eighty (180) consecutive days, except as provided in subsection (C) of this section;

The use, or nonconforming operational characteristic of a use, is converted to a conforming use;

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 of this Zoning Code without first obtaining required approvals; or

The abatement period specified for the nonconforming use has expired as identified in Section 20.38.100 (Abatement Periods).

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 one hundred eighty (180) days or more may be reestablished subject to the approval of the Director when all of the following findings are made:

A nonconforming use that has been discontinued for one hundred eighty (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).

Abatement Period. A nonconforming use of land involving a structure in a residential zoning district shall be discontinued on the earliest date as follows:

Order of Abatement. Whenever the Director finds that any of the conditions exist that are identified in subsection (C)(1) of this section, 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.

Exception. Multifamily 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.

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 subsection or under the procedure outlined in subsection (C)(5) of this section (Extension of Abatement Period for Residential Care Facility).

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 subsection is separate and apart from an application for an extension under subsection (C)(4) of this section. A residential care facility may apply for an extension under either or both procedures:

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 ten (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.

Order of Abatement. Whenever the Commission determines that the abatement of a nonconforming use is necessary in compliance with subsection (D)(1) of this section, 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.

Exceptions. The abatement period specified in subsection (D)(2) of this section shall not apply except in the following circumstances:

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.

Decisions of the Director, Zoning Administrator, Hearing Officer, or Commission may be appealed in compliance with the procedures established in Chapter 20.64 (Appeals).

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.

Townhouses and Multi-Tenant Uses. Where parking is provided on another lot within the same development site, the parking shall be located within two hundred (200) feet of the units they are intended to serve.

Off-Site Parking Agreement. Parking may be located off-site with the approval of an off-site parking agreement in compliance with Section 20.40.100(C) (Parking Agreement).

Fractional Spaces. Fractional parking space requirements shall be rounded up to the next whole space.

Bench Seating. Where bench seating or pews are provided, eighteen (18) linear inches of seating shall be considered to constitute a separate or individual seat.

Gross Floor Area. References to spaces per square foot are to be calculated on the basis of gross floor area unless otherwise specified.

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.

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.

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.

The gross floor area of the shopping center does not exceed 100,000 square feet; and

The gross floor area of all eating and drinking establishments does not exceed fifteen (15) percent of the gross floor area of the shopping center.

Nonresidential and Multi-Unit. Parking areas for nonresidential and multi-unit uses:

Access Ramps. Ramps providing vehicle access to parking areas shall not exceed a slope of fifteen (15) percent. Changes in the slope of a ramp shall not exceed eleven (11) percent and may occur at five-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.

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).

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).

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.

Parking on Slopes. Parking shall not be allowed on slopes greater than five 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.

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 and as illustrated in Figure 3-6.

Width of Parking Aisle. The width of parking aisles may be reduced by the Public Works Director in unique situations arising from narrow lots or existing built conditions when traffic safety concerns have been addressed.

Bumper Overhang Areas. A maximum of two and one-half 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 two and one-half foot bumper overhang while maintaining the required parking dimensions.

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.

Curbing and Wheel Stops.

Drainage. Parking lots shall be designed in compliance with the stormwater quality and quantity standards of the City’s best management practices and the City’s Standard Specifications and Plans.

Landscaping. Landscaping for new surface parking lots with ten (10) or more spaces shall be provided as indicated below. These requirements do not apply to routine maintenance and restriping of existing parking lots.

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).

Stall Markings, Directional Arrows, and Signs.

Surfacing. Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, or interlocking paving stones or other City-approved surfaces.

Doors shall remain open during regular business hours;

A sign shall be posted on the business frontage that advises patrons of the availability and location of parking spaces;

Signs shall be posted on the site containing the following information:

The location, size, and color of the signs required above shall be approved by the Department.

The parking lot is designed to be compatible with the neighborhood;

There are no residential uses between the parking lot and the commercial zoning district;

The location of the parking lot does not fragment the adjacent neighborhood;

The parking lot is not detrimental or injurious to property and improvements in the neighborhood; and

The parking lot is located within a reasonable walking distance of the use to which it is an accessory.

Minimum Interior Dimensions. The minimum interior dimensions for parking spaces in residential zoning districts shall be as provided in Table 3-14. 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.

Tandem Parking. Tandem parking for a maximum of two cars in depth shall be allowed in residential districts subject to the minimum interior dimensions provided in Table 3-14.

Driveway Width. Driveways visible from a public right-of-way shall not be wider than required to access an adjacent garage as follows:

Vertical Clearances. The minimum unobstructed vertical clearance for parking spaces shall be seven feet, except that the front four feet may have a minimum vertical clearance of four feet.

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.

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 seventy-two (72) hours.

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.

Garages Facing the Street. Garages with doors that face the street that are located within twenty (20) feet of the front property line shall be equipped with automatic roll-up doors.

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:

The parking facility is located within a convenient distance to the use it is intended to serve;

On-street parking is not being counted towards meeting parking requirements;

Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and

The parking facility will be permanently available, marked, and maintained for the use it is intended to serve.

Notification of City. The owner or operator of a business that uses an 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.

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:

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) of this section (Parking Management Plan).

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;

Restricting land uses with high parking demand characteristics;

Securing off-site parking in compliance with Section 20.40.100 (Off-Site Parking);

Providing parking attendants and valet parking; and

Other appropriate mitigation measures.

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).

On-Site Bicycle Facilities. Required nonresidential off-street parking may be reduced where there is a demonstrated use of bicycles as a mode of transportation. The Director may reduce the number of required parking spaces by one space for every three bicycle parking spaces provided on the same site they serve, up to five percent of the total requirement in compliance with the following conditions:

Space for Shared Mobility. Required nonresidential off-street parking may be reduced by up to ten (10) percent in compliance with the following conditions:

The most remote space is located within a convenient distance to the use it is intended to serve;

The amount of reduction is no greater than the number of spaces required for the least intensive of the uses sharing the parking;

The probable long-term occupancy of the structures, based on their design, will not generate additional parking demand;

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; and