The purpose of this chapter is to ensure that development is consistent with the General Plan, complies with the standards of this chapter, produces an environment that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties.

The standards of this chapter apply to all zoning districts. These standards shall be considered in combination with the standards for each zoning district in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) and Part 4 of this title (Standards for Specific Land Uses). Where there may be a conflict, the standards specific to the zoning district or specific land use shall override these general standards.

All structures, additions to structures, and uses shall conform to the standards of this chapter as determined applicable by the Director. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This section provides standards for the screening and buffering of adjoining land uses, equipment, and outdoor storage areas. Multi-unit residential and nonresidential land uses shall comply with the requirements of this section.

A.    Roof-Mounted and Ground-Mounted Mechanical Equipment.

1.    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.

2.    Roof-Mounted Mechanical Equipment.

a.    Screening. Roof-mounted mechanical equipment shall not be visible in any direction (360 degrees) from a public right-of-way or adjacent residential property, as may be seen from a point six feet above ground level. In addition, screening of the top of roof-mounted mechanical equipment may be required by the Director, if necessary to protect views from a residential zoning district located at a higher elevation.

b.    Height Limit. Roof-mounted mechanical equipment and screening shall be subject to the height limitations of Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards) and any height limit exceptions in Section 20.30.060 (Height Limits and Exceptions).

c.    Screening Methods. Screening of roof-mounted equipment shall be accomplished with mechanical roof wells recessed below the roof line or by solid and permanent roof-mounted screens. Screening shall be compatible with the architectural style, materials, and color of the building upon which the equipment is located, subject to the approval of the Department.

3.    Ground-Mounted Mechanical Equipment.

a.    Screening. Ground-mounted mechanical equipment shall be screened from any public rights-of-way and/or public property as seen from a point six feet above ground level.

b.    Setback Required. Ground-mounted mechanical equipment and screening, except landscaping, shall be subject to the setback requirements of Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards) and any allowed encroachments in Section 20.30.110 (Setback Regulations and Exceptions).

c.    Screening Methods. Screening of ground-mounted mechanical equipment shall be accomplished with fences, walls, solid hedges, or other methods approved by the Department. Chain link fencing with or without slats is not allowed.

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

5.    Mixed-Use and Commercial Zoning Districts. Mechanical equipment within mixed-use or commercial zoning districts shall be located so that the impact of noise on residential uses within the development and on adjacent residential uses is minimized to the greatest extent feasible in compliance with Section 10.26.025 (Exterior Noise Standards).

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

7.    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.

B.    Outdoor Storage Areas. Where equipment, material, or merchandise is allowed to be stored outdoors these items shall be screened from public view and adjacent residential districts with fences, walls, solid hedges, or other methods approved by the Department. Chain link fencing with or without slats is not allowed.

C.    Solid Waste Storage Areas. Screening of solid waste storage areas and trash receptacles shall be provided in compliance with the requirements of Section 20.30.120 (Solid Waste and Recyclable Materials Storage).

D.    Screening and Buffering Between Different Zoning Districts.

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

2.    Industrial Use. Where an industrial zoning district abuts a residential zoning district, a solid masonry wall a minimum of eight feet in height shall be required. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Reserved. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This section provides standards for the provision of fences, hedges, walls, and retaining walls.

A.    Maximum Height Allowed.

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

2.    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).

B.    Special Area Regulations. In front setback areas in Balboa Peninsula, Balboa Island, Corona del Mar, West Newport, East Bay Front on Little Balboa Island, and North Bay Front and South Bay Front on Balboa Island fences and walls shall be allowed to extend to a height of five feet; provided, that any portion of the fence or wall above two feet shall be constructed of open grillwork, wrought iron, latticework, pickets, Plexiglas, or similar materials so that at least forty (40) percent of the portion of the fence or wall above two feet is open. See Figure 3-1.

C.    Exceptions to Maximum Height.

1.    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.

2.    Decorative Fence/Wall Details and Lights.

a.    Finials, light fixtures, pilaster caps, pots, and similar decorative items may be placed on fence or wall vertical support elements (e.g., pilasters, pillars, posts, etc.), provided they are secure and do not extend more than twelve (12) inches above the maximum allowed height.

b.    The number of decorative items (e.g., finials, pilaster caps, pots, and similar items) and light fixtures shall be limited to not more than one item or fixture for every six lineal feet of fence or wall.

3.    Fencing for Pools and Spas.

a.    Swimming pools, spas, and other similar features shall be fenced in compliance with Title 15.

b.    Fencing and guardrails for ponds, spas, and swimming pools located in a front setback area or in the rear and side setback areas regulated as front setback areas on lots with forty-two (42) inch height limitations may be allowed to exceed the height limit in compliance with the following standards:

i.    Fences shall be constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least forty (40) percent of the fence or wall is open. In lieu of the above, glass or Plexiglas may be allowed; and

ii.    Fence height shall be limited to the minimum required by Title 15.

Figure 3-1

Grade Differential at Front Property Line

4.    Residential Uses Adjacent to Commercial Uses or Alleys. For residential lots adjacent to nonresidential zoning districts or commercial alleys, fences, walls, or hedges may be up to eight feet in height in required residential side yards for buffering and/or sound attenuation.

5.    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.

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

D.    Measurement of Fence or Wall Height. The height of a fence, hedge, or wall shall be measured from the existing grade prior to construction at the location where the fence, hedge, or wall is located.

E.    Prohibited Fence Materials. Barbed wire, electrical fences, razor wire, and other similar materials shall not be allowed in residential zoning districts. (Ord. 2020-7 § 1, 2020; Ord. 2012-11 § 1 (Exh. A), 2012: Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This section provides regulations for establishing the slope and grade of a lot for the purpose of identifying the surface from which to measure structure height to be used in conjunction with the provisions of Section 20.30.060 (Height Limits and Exceptions).

A.    Establishment of Slope. In order to determine which of the two methods to use to establish the grade of the lot from which to measure structure height as provided in subsection (B) of this section, it is first necessary to determine the slope of the lot as follows:

1.    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);

Figure 3-2

Area for Determining Slope

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;

3.    If the location of the polygon selected by the applicant is not clearly representative of the lot’s topography or representative of the prevailing slopes on adjoining lots because of retaining structures or previous excavation/fill, the Director shall establish the appropriate area to be used to determine the slope of the lot.

B.    Establishment of Grade. The grade of a lot shall be established by one of the following methods unless the Director establishes the grade in compliance with subsection (C) of this section (Establishment of Grade by Director).

1.    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.

2.    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.

3.    More than Five Percent Slope.

a.    On lots where the slope of the four-sided polygon is greater than five percent, the established grade from which structure height is measured shall be a plane established by determining the elevation of the lot at five evenly spaced points along each of the two side property lines and connecting each of the points along a side property line with the corresponding point on the opposite side property line.

b.    The five evenly spaced points along each side property line shall be located so that one point is located at the intersection of the front setback line with the side property line and another point is located at the intersection of the rear setback line with the side property line. The other three points along the side property line shall be located so that all five points are equidistant from each other (see Figure 3-3).

Figure 3-3

Slope Greater than Five Percent

c.    On lots that slope an average of twenty (20) percent or greater, or on irregularly shaped or sloping lots, the Director may require that additional points of elevation be provided.

C.    Establishment of Grade by Director. If the Director finds that the existing grade on the subject lot has been previously altered (e.g., contains retaining structures, property line walls, planters, or excavation/fill), or other conditions are present to the degree that the existing grade is not representative of the prevailing grades on adjoining lots and/or the general area and, therefore, is not appropriate for the purpose of establishing the grade of the subject lot, the Director may establish the grade that is reasonable and comparable with the grades of adjoining lots and that will not be detrimental or injurious to property and improvements on adjoining lots. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    This section establishes regulations for determining compliance with the maximum allowable height limits established for each zoning district by Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards).

B.    Height of Structures and Measurement.

1.    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).

2.    Height Measurement. Height shall be measured as the vertical distance from the established grade of the pad to the highest part of the structure, including any protective 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).

3.    Flood Hazard Areas.

a.    Finished First Floor Elevation. The minimum required top of slab elevation for interior living areas of all new structures within flood hazard areas shall be as established by the Flood Insurance Rate Maps recognized by the Building Division as part of flood safety requirements and maps adopted by the Council. Notwithstanding the building elevations established by the Flood Insurance Rate Maps, the minimum required top of slab elevation for interior living areas of all new structures shall be at least 9.00 (NAVD 88).

b.    Height Measurement. The height of a principal structure shall be measured from the top of slab elevation.

c.    Accessory Structures.

i.    The height of accessory structures, except fences, hedges, walls, and retaining walls (see Section 20.30.040), shall be measured from existing grade of the lot prior to construction.

ii.    Exception: When a new principal building is required to have the top of slab constructed at elevation 9.00 NAVD88 and when the grade surrounding the new principal building is proposed to be increased, the height of accessory structures shall be measured from the proposed finished grade.

4.    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.

C.    Increase in Height Limit.

1.    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.

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

a.    R-A, R-1, R-BI, and R-2 Zoning Districts Height Limit Area. In this height limit area the base height limit for structures with flat roofs is twenty-four (24) feet (including guardrails and parapet walls) and the base height limit for structures with sloped roofs is twenty-nine (29) feet. The height of a structure may be increased up to a maximum of twenty-eight (28) feet with a flat roof or thirty-three (33) feet with a sloped roof through the approval of a discretionary application as provided above. This height limit applies in all R-A, R-1, R-BI, and R-2 Zoning Districts as shown on the Zoning Map.

b.    RM and RMD Zoning Districts Height Limit Area. In this height limit area the base height limit for structures with flat roofs is twenty-eight (28) feet (including guardrails and parapet walls) and the base height limit for structures with sloped roofs is thirty-three (33) feet. The height of a structure may be increased up to a maximum of thirty-two (32) feet with a flat roof or thirty-seven (37) feet with a sloped roof through the approval of a discretionary application as provided above. This height limit applies in all RM and RMD Zoning Districts as shown on the Zoning Map. For properties located within the Height (H) Overlay District, the height of a structure may be increased to a maximum of forty (40) feet with a flat roof or forty-five (45) feet with a sloped roof pursuant to Section 20.28.060.

c.    Nonresidential, Shoreline Height Limit Area. In this height limit area the base height limit for nonresidential and mixed-use structures with flat roofs is twenty-six (26) feet and the base height limit for structures with sloped roofs is thirty-one (31) feet. The height of a structure may be increased up to a maximum of thirty-five (35) feet with a flat roof or forty (40) feet with a sloped roof through the approval of a discretionary application as provided above. The shoreline height limit shall apply to all nonresidential zoning districts and mixed-use zoning districts within the boundaries of the Shoreline Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Map H-1, attached to the ordinance codified in this title).

d.    Nonresidential, Nonshoreline Height Limit Area. In this height limit area the base height limit for nonresidential and mixed-use structures with flat roofs is thirty-two (32) feet and the base height limit for structures with sloped roofs is thirty-seven (37) feet. The height of a structure may be increased up to a maximum of fifty (50) feet with a flat roof or fifty-five (55) feet with a sloped roof through the approval of a discretionary application as provided above. This height limit shall apply to all nonresidential, nonshoreline zoning districts and mixed-use zoning districts within its boundaries. The nonresidential, nonshoreline height limit area is identified as all of the area outside the Shoreline Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Map H-1, attached to the ordinance codified in this title).

e.    High Rise Height Area. In this height limit area, the maximum height limit shall be three hundred (300) feet and no further increase to the maximum allowed height is available. This height limit is applicable to all nonresidential zoning districts within its boundaries as indicated on the High Rise and Shoreline Height Limit Areas Map (See Map H-1, attached to the ordinance codified in this title). Proposed projects within this height limit area shall comply with the requirements of subsection (E) of this section (Airport Environs Land Use Plan for John Wayne Airport and Airport Land Use Commission Review Requirements).

3.    Required Findings. The review authority may adopt a Planned Community District, adopt a specific plan, or approve a planned development permit or site development review to allow an increase in the height of a structure above the base height only after first making all of the following findings in addition to the findings required for the discretionary permit application:

a.    The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but are not limited to:

i.    Additional landscaped open space;

ii.    Increased setback and open areas;

iii.    Enhancement and protection of public views; and

b.    The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes;

c.    The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on abutting properties; and

d.    The structure will have no more floor area than could have been achieved without the approval of the height increase.

D.    Exceptions to Height Limits.

1.    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.

2.    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.

3.    Boat Cranes. Boat cranes used in conjunction with an approved marine-oriented nonresidential use may be allowed to exceed the maximum height limit up to a maximum operating height of seventy (70) feet, subject to the approval of a minor use permit.

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

a.    Chimneys may extend above the allowed height limit a maximum of two feet or a greater height if required by the City’s Building Code;

b.    Spark arrestors may extend above the top of a chimney a maximum of two feet, provided they do not exceed a width of two feet and a length of four feet; and

c.    Roof-mounted vents may extend above the allowed height limit a maximum of twelve (12) inches or a greater height if required by the City’s Building Code.

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

a.    The total width of the dormer that exceeds the height limit shall not be greater than thirty-five (35) percent of the length of the side of the structure where the dormer is located;

b.    The roof pitch of the dormer shall not be less than 2:12; and

c.    The peak of the dormer shall not be higher than the peak of the roof on which it is located.

6.    Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell housings may exceed the allowed height limit by the minimum height required by 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.

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

8.    Flag Poles.

a.    Ground-mounted flag poles shall be allowed in residential zoning districts to a maximum height of twenty-eight (28) feet and in nonresidential zoning districts to a maximum height of thirty-five (35) feet.

b.    Flag poles mounted on tops of buildings located in nonresidential zoning districts shall be allowed to exceed the maximum height limit by up to twenty (20) feet.

9.    Landmark Buildings. An alteration or addition to a landmark building shall be exempt from height limits; provided, that structural alterations or additions that exceed the height of the existing structure shall require approval of a site development review in compliance with Section 20.52.080 and shall not exceed a maximum of 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:

a.    The portion of the structural alteration or addition that exceeds the height of the existing structure does not significantly impact public views from public rights-of-way.

b.    The portion of the structural alteration or addition that exceeds the height of the existing structure will not be used in a manner that increases the intensity of the use of the landmark building.

c.    The allowed height of the landmark building will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of the landmark building.

10.    Light Standards. Light standards may be allowed to exceed maximum height limits, subject to the approval of a site development review in compliance with Section 20.52.080. All light fixtures and standards shall comply with the requirements of Section 20.30.070 (Outdoor Lighting).

11.    Mechanical Equipment.

a.    Nonresidential Zoning Districts. In nonresidential zoning districts, roof-mounted mechanical equipment, totaling not more than thirty (30) percent of the total roof area, including required screening devices, shall be allowed to exceed the maximum height limit by up to five feet.

b.    Residential Zoning Districts. In residential zoning districts, roof-mounted equipment is not allowed to exceed the maximum height limit for the zoning district.

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

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

E.    Airport Environs Land Use Plan (AELUP) for John Wayne Airport and Airport Land Use Commission (ALUC) Review Requirements.

1.    AELUP Requirements.

a.    Buildings and structures shall not penetrate Federal Aviation Regulation (FAR) Part 77, Obstruction—Imaginary Surfaces, for John Wayne Airport unless approved by the Airport Land Use Commission (ALUC).

b.    In compliance with FAR Part 77, applicants proposing buildings or structures that penetrate the 100:1 Notification Surface shall file a Form 7460-1, Notice of Proposed Construction or Alteration with the FAA. A copy of the FAA application shall be submitted to the ALUC and the applicant shall provide the City with FAA and ALUC responses.

2.    Citywide Requirements. Development projects that include structures higher than 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). (Ord. 2015-12 § 4, 2015; Ord. 2012-11 § 1 (Exh. A), 2012: Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This section establishes outdoor lighting standards in order to reduce the impacts of glare, light trespass, overlighting, sky glow, and poorly shielded or inappropriately directed lighting fixtures, and promote safety and encourage energy conservation.

A.    General Outdoor Lighting Standards.

1.    All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures.

2.    Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited, except if approved as an accessory feature on a temporary basis in conjunction with a special event permit.

3.    A photometric study may be required as part 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.

4.    If in the opinion of the Director existing illumination creates an unacceptable negative impact on surrounding land uses or sensitive habitat areas the Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.

B.    Light Standards within Parking Lots. Light standards within parking lots shall be the minimum height required to effectively illuminate the parking area and eliminate spillover of light and glare onto adjoining properties and roadways. To accomplish this, a greater number of shorter light standards may be required as opposed to a lesser number of taller standards.

C.    Outdoor Lighting Standards for Buildings, Statues, Other Manmade Objects, and Landscapes. Spotlighting or floodlighting used to illuminate buildings, statues, signs, or any other objects mounted on a pole, pedestal, or platform or used to accentuate landscaping shall consist of full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated to minimize glare, sky glow, and light trespass. The beam width shall not be wider than that needed to light the feature with minimum spillover. The lighting shall not shine directly into the window of a residence or directly into a roadway. Light fixtures attached to a building shall be directed downward.

D.    Outdoor Recreation/Entertainment Areas. Sports courts and similar facilities used for outdoor recreation or entertainment, located within a residential zoning district or closer than two hundred (200) feet to the boundary of a residential zoning district, shall not be lighted unless a minor site development review has been approved in compliance with Section 20.52.080 (Site Development Reviews). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This section establishes standards for the regulation of noise levels to protect the health, safety, and welfare.

A.    Compliance with Noise Control Provisions. All land uses and their associated activities shall comply with the provisions of this section and Chapters 10.26 (Community Noise Control) and 10.28 (Loud and Unreasonable Noise).

B.    Acoustical Study. The Director may require the preparation of an acoustical study in instances where the Director determines that a project may expose existing or proposed noise-sensitive land uses to noise levels exceeding the standards specified in Chapter 10.26 or 10.28.

C.    Noise Exposure Verification for New Development. Applicants for projects located in areas projected to be exposed to a CNEL of sixty (60) dBA and higher may conduct a field survey, noise measurements, or other noise modeling analysis in a manner acceptable to the Director to provide evidence that the noise contours identified in the Noise Element of the General Plan do not adequately account for local noise exposure circumstances due to topography, variation in traffic speeds, or other conditions. These findings shall be used to determine the level of required noise attenuation methods and the feasibility of mitigation.

D.    Deliveries, Loading, and Unloading. Deliveries, loading, unloading, opening/closing or other handling of boxes, crates, containers, building materials, trash receptacles, or similar objects within a nonresidential zoning district shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays.

E.    Noise Sensitive Land Uses.

1.    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).

2.    Dedications of avigation easements in favor of the County of Orange may be required when noise sensitive uses are proposed in the John Wayne Airport (JWA) Planning Area, as established in the JWA Airport Environs Land Use Plan.

F.    Residential Use Proximate to John Wayne Airport. Residential uses, including mixed-use residential, shall be allowed on parcels or sites wholly or partially outside the John Wayne Airport 65 dBA CNEL noise contour as shown in Figure N5 of the Noise Element of the General Plan, as identified in the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617) and consistent with Title 21 of the California Code of Regulations, subject to the following conditions that apply to all residential projects within the John Wayne Airport 60 dBA CNEL or higher CNEL noise as shown in Figures N4 and N5 of the Noise Element of the General Plan:

1.    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;

2.    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;

3.    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;

4.    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;

5.    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;

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

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

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

9.    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.

G.    Mitigation of Impacts. Noise mitigation measures may be required in conjunction with the approval of an application for new development when a significant noise impact is identified.

H.    Dedications of avigation easements in favor of the County of Orange may be required when noise sensitive uses are proposed in the JWA Planning Area, as established in the JWA AELUP.

I.    New public parks in Noise Impact Zones 1 and 2 identified in the JWA AELUP shall be required to post notifications to users regarding aircraft overflight and potential noise impacts. (Ord. 2023-20 § 1 (Exh. A), 2023; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Applicability. In approving a development on a site with frontage along the bay that requires discretionary approval the review authority shall require the dedication of vertical and lateral public access easements, except where adequate public access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal resources.

B.    Standards. The following standards shall be applied to all lateral and vertical public access easements:

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

2.    Public access easements may be provided within required setback areas;

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

4.    All dedicated public access easements shall be recorded with the Orange County Recorder’s Office in a manner satisfactory to the Director of Public Works. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    This section provides regulations to preserve significant visual resources (public views) from public view points and corridors. It is not the intent of this Zoning Code to protect views from private property, to deny property owners a substantial property right or to deny the right to develop property in accordance with the other provisions of this Zoning Code.

B.    Applicability. The provisions of this section shall apply only to discretionary applications where a project has the potential to obstruct public views from public view points and corridors, as identified on General Plan Figure NR 3 (Coastal Views), to the Pacific Ocean, Newport Bay and Harbor, offshore islands, the Old Channel of the Santa Ana River (the Oxbow Loop), Newport Pier, Balboa Pier, designated landmark and historic structures, parks, coastal and inland bluffs, canyons, mountains, wetlands, and permanent passive open space.

C.    Initial Evaluation. Discretionary applications involving a project site adjacent to an identified public view point or corridor shall be reviewed to evaluate the development’s potential to impact public views.

D.    Visual Impact Analysis. Where a proposed development has the potential to obstruct a public view(s) from a identified public view point or corridor, as identified on General Plan Figure NR 3 (Coastal Views), a view impact analysis may be required by the Department. The view impact analysis shall be prepared at the project proponent’s expense. The analysis shall include recommendations to minimize impacts to public views from the identified public view points and corridors while allowing the project to proceed while maintaining development rights.

E.    Landscape Standards. Landscape improvements shall be installed and maintained to ensure that landscape materials do not unnecessarily obstruct public views at maturity. Landscaping at the edges of roads from which there is an identified public view should be designed, planted and maintained to frame and accent public views.

F.    Other Development Features. Freestanding signs, rooftop equipment, antennas, and other project features shall be designed and sited to ensure they minimize impacts to public views.

G.    View Protection Easement. The review authority may require applicants to provide public view protection easements to protect public views. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This section establishes standards to ensure the provision of open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light and ventilation; separation of incompatible land uses; space for privacy, landscaping, and recreation; protection of natural resources; and safety from fire and geologic hazards.

A.    Setback Requirements.

1.    Structures.

a.    Principal Structures. Principal structures shall conform with the setback requirements established for:

i.    Each zoning district in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards);

ii.    Any specific uses identified in Part 4 of this title (Standards for Specific Land Uses);

iii.    Any special setback areas established in Section 20.28.040 (Bluff (B) Overlay District); and

iv.    Any special setback areas established in Titles 9 and 15.

b.    Access to Dwellings. On residential lots wider than thirty (30) feet, if the primary entrance to a single- or two-unit dwelling faces a side setback area the entry door shall be set back a minimum of five feet from the side property line and a three-foot-wide unobstructed walkway shall be provided up to a minimum height of eight feet between the primary entrance and the public street or alley.

c.    Access to Side Setback Area. On residential lots, regardless of the setback area encroachments allowed by this subsection, a minimum thirty-six (36) inch wide passageway shall be maintained within at least one side setback area adjacent to the principal structure in compliance with the following:

i.    The passageway shall be free of any encroachments or obstructions from ground level to a height of eight feet, including mechanical equipment, and other items attached to, or detached from, the principal structure;

ii.    Fences and walls located immediately adjacent to the property line may encroach up to six inches. No reduction or modification to this requirement shall be allowed; and

iii.    The opposite side setback area may have encroachments allowed by this subsection.

d.    Accessory Structures. All accessory structures shall comply with the setback requirements established for:

i.    Accessory structures in subsection (D)(2) of this section (Accessory Structures) and any allowed encroachments; and

ii.    Any special setback areas established in Titles 9 and 15.

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

B.    Location and Measurement of Setbacks. Setbacks shall be located and measured as follows:

1.    General.

a.    Measure at Right Angles. The distance/depth of a setback area (i.e., front, side, or rear) shall be measured at right angles from the nearest property line establishing a setback area line parallel to that property line.

b.    Future Street Right-of-Way. Whenever a future street right-of-way line is officially established, required setback areas shall be measured at right angles from the established future right-of-way line(s).

2.    Front Setback Area.

a.    General. The front setback area shall extend across the entire width of the lot frontage.

b.    Corner Lots. The front setback area for a corner lot shall be the required distance parallel to the shortest property line adjoining the street.

3.    Side Setback Area. The side setback area shall be established by a line parallel with the side property line and extending between the front and rear setback areas.

4.    Street Side Setback Area. The side setback area on the street side of a corner lot shall be established by a line parallel with the side property line adjoining the street and extending between the front and rear setback areas.

5.    Rear Setback Area.

a.    General. The rear setback area shall extend across the entire width of the rear of the lot.

b.    Irregularly Shaped Lots. Where the side lot lines converge to a point at the rear of the lot and make an angle ninety (90) degrees or less, a line ten (10) feet long within the lot, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback area. Where the angle created by the convergence of two side lot lines at the rear of the lot is greater than ninety (90) degrees, a line ten (10) feet long measured from the point of convergence and perpendicular to the front lot line shall establish the location of the required rear setback line. See Figure 3-4 (Rear Setback Areas on Irregularly Shaped Lots).

Figure 3-4

Rear Setback Areas on Irregularly Shaped Lots

C.    Alternative Setback Area Location. In cases where the orientation of an existing lot and the application of the setback area are not consistent with the character or general orientation of other lots in the vicinity, the Director may redefine the location of the front, side, and rear setback areas to be consistent with surrounding properties. The reorientation of setback areas is not applicable to the Bluff Overlay District.

D.    Allowed Encroachments into Setback Areas. Encroachments into required setback areas are allowed in compliance with the standards in this subsection, except as provided in subsection (D)(1) of this section.

1.    General Regulations.

a.    Setbacks on Setback Maps. Notwithstanding any requirements in this section, all setback areas identified on the setback maps shall be regulated as front setback areas.

b.    Bluff Overlay. The encroachments allowed by this subsection shall not apply to designated bluff setback areas. Refer to Section 20.28.040 (Bluff (B) Overlay District) for setback regulations and encroachments.

c.    Alleys. No encroachments at the ground level are allowed within the required rear setback area of a lot abutting an alley. Rear setback areas abutting alleys shall be kept clear of obstructions.

d.    Waterfront Areas. Allowed encroachments into required setback areas abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa Ana River (the Oxbow Loop), or the channels in West Newport shall not exceed a height of forty-two (42) inches above the existing grade.

e.    Traffic Safety Visibility Areas. See Section 20.30.130 for restrictions on encroachments into traffic safety visibility areas.

f.    Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this subsection shall apply to properties within the VE Overlay except as modified by Section 20.28.070 (VE Overlay). Refer to Section 20.28.070 (VE Overlay) for setback regulations and additional authorized encroachments.

2.    Accessory Structures.

a.    Accessory structures, including housings for mechanical equipment, not more than six feet in height and totaling no more than one hundred fifty (150) square feet per structure, may be located within a required side or rear setback area other than a rear setback area abutting an alley.

b.    Arbors, trellises, and similar garden structures may be allowed to encroach into required front, side, and rear setback areas subject to the following limits:

i.    The maximum footprint of the structure shall not exceed sixteen (16) square feet; and

ii.    The maximum height of the structure shall not exceed nine feet.

c.    Display areas for new motor vehicles associated with an allowed vehicle sales facility may encroach into a required front or street side setback area, provided a setback of at least two feet is maintained from the street adjacent property line.

d.    Fences, hedges, and walls may be established within required setback areas in compliance with the requirements of Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).

e.    Decks, landings, patios, platforms, porches, steps, and terraces, and similar structures not more than eighteen (18) inches in height measured from the existing grade may be located within a required side or rear setback area other than those abutting an alley.

3.    Architectural Features.

a.    Roof overhangs, brackets, cornices, and eaves may encroach up to thirty (30) inches into a required front, side, or rear setback area, including required third floor front or rear setbacks; provided, that no architectural feature shall project closer than twenty-four (24) inches from a side property line and a minimum vertical clearance of at least eight feet above grade is maintained.

b.    Decorative architectural features (e.g., belt courses, ornamental moldings, pilasters, and similar features) may encroach up to six inches into a required setback area.

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

a.    Residential Districts.

i.    Front: one-half the depth of the required front setback area.

ii.    Side: zero feet, except over doors up to twenty-four (24) inches from property line, maximum width shall not exceed the standard width of a door plus twelve (12) inches.

iii.    Rear: two and one-half feet.

iv.    Vertical clearance: six and one-half feet above grade.

b.    Nonresidential Districts, Including Mixed-Use Districts.

i.    Front: one-half the depth of the required front setback area.

ii.    Side: two feet.

iii.    Rear: one-half the depth of the required rear setback area.

iv.    Vertical clearance: eight feet above grade.

5.    Balconies Abutting East Ocean Front and West Ocean Front.

a.    Balconies may encroach up to a maximum of thirty-six (36) inches into a required front setback area along East Ocean Front and West Ocean Front. Balcony railings shall not exceed a maximum height of forty-two (42) inches and shall be constructed of either transparent material (except for supports) or opaque material (e.g., decorative grillwork, wrought iron, latticework, or similar open materials) so that at least forty (40) percent of the railing is open.

b.    Balconies shall be cantilevered so that no underlying support is necessary. Roofs over balconies shall not be allowed to encroach into required front setback areas except as provided in subsection (D)(3) of this section (Architectural Features).

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

a.    No more than two bay windows or greenhouse windows shall be allowed to encroach into any one setback area;

b.    Bay windows and greenhouse windows shall not exceed eight feet in width or ten (10) feet in height within the area of encroachment;

c.    Bay windows and greenhouse windows shall be cantilevered and shall be designed to preclude use as a door or entry;

d.    The exterior bottom surface of a bay window or greenhouse window shall be elevated a minimum of eighteen (18) inches above the adjacent finished interior floor surface at the required building setback line;

e.    Encroachments into required setback areas shall be limited as follows:

7.    Fireplaces, Barbecues, and Chimneys—Attached.

a.    Front and Rear Setback Area. Fireplaces, barbecues, and chimneys attached to the principal structure that are less than nine feet in width may encroach up to two feet into a required front or rear setback area that is ten (10) feet or greater in depth.

b.    Side Setback Area. Fireplaces and chimneys attached to the principal structure that are less than nine feet in width may encroach up to thirty (30) inches into a required side setback area; provided, that the encroachment shall be at least twenty-four (24) inches from the side property line.

8.    Fireplaces and Barbecues—Freestanding.

a.    Front Setback Area. Freestanding fireplaces (gas only) and barbecues with a maximum height of forty-two (42) inches (not including the barbecue hood) shall be allowed to encroach into the required front setback area, provided the total length of the barbecue and counter does not exceed six feet.

b.    Side and Rear Setback Area. Freestanding fireplaces (gas only) and barbecues with a maximum height of six feet shall be allowed to encroach into the required side or rear setback area, provided a minimum thirty-six (36) inch clear path of travel is maintained adjacent to any habitable structures.

9.    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:

a.    Distance to Property Line. The distance from the garage wall or carport support to the nearest side property line shall be not less than twenty-six (26) inches plus the amount that the width of the lot exceeds thirty (30) feet. The other side setback area shall have a clear passageway a minimum of thirty-six (36) inches wide, clear of any obstructions; and

b.    Width of Garage/Carport. The width of each garage/carport shall not be greater than the minimum required by Section 20.40.090 (Parking Standards for Residential Uses).

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

11.    Light Standards. In nonresidential zoning districts, light standards used in conjunction with the illumination of parking lots and walkways shall be allowed to encroach into a required setback area, provided all of the requirements of Section 20.30.070 (Outdoor Lighting) are complied with.

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

13.    Second Stories Abutting Alleys. In residential districts having alleys to the rear of the lot or development site, a second story may be allowed to encroach into the required setback area subject to the following conditions and exclusions:

a.    Encroachments shall not extend closer than seven and one-half feet to the center of any alley;

b.    Encroachments shall not extend closer than two and one-half feet to the rear property line;

c.    That portion of the building that encroaches into the required rear setback area shall have a minimum ground clearance of eight feet;

d.    No encroachment shall be allowed on lots having a depth exceeding eighty-five (85) feet; and

e.    No encroachment shall be allowed on corner lots located at the intersection of two ten (10) foot wide alleys.

14.    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.

15.    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.

16.    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). (Ord. 2025-32 § 1 (Exh. A § 4), 2025; Ord. 2023-10 § 1 (Exh. A § 4), 2023; Ord. 2017-11 § 4, 2017; Ord. 2015-15 §§ 2—7, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, California Public Resources Code Section 42900) and Chapters 6.04 and 6.06.

B.    Applicability.

1.    New Developments. All new development projects requiring a building permit shall provide adequate, enclosed areas with solid roofs for collecting and loading solid waste and recyclable materials.

2.    Existing Developments Undergoing Alterations. An existing development that is undergoing alterations, including remodeling and additional floor area, shall provide adequate, accessible, and convenient enclosed areas with solid roofs for collecting and loading solid waste and recyclable materials in compliance with this section to the greatest extent possible as determined by the Director.

C.    Multi-Unit Projects. Multi-unit residential projects with five or more dwelling units shall provide enclosed refuse and recyclable material storage areas with solid roofs in compliance with the requirements provided in Table 3-4.

D.    Nonresidential Projects. Nonresidential projects within all zoning districts shall provide enclosed refuse and recyclable material storage areas in compliance with the minimum storage area requirements provided in Table 3-5. These requirements apply to each individual structure. Food service uses may require additional enclosed storage areas as determined by the review authority.

E.    Development Standards for Nonresidential and Multi-Unit Projects. Solid waste storage area(s) shall:

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

2.    Include an adequate number of bins and containers located within the enclosed storage areas to allow for the collection and loading of solid waste and recyclable materials generated by the development project;

3.    Include a sign that is permanently posted or painted on each container clearly identifying the container type and the name and telephone number of the company responsible for maintaining the containers;

4.    Be appropriately located, enclosed, have a solid roof, and be screened from public rights-of-way and/or public property as seen from a point six feet above ground level. Screening shall consist of solid masonry walls, metal gates, and landscaping;

5.    Be compatible with the surrounding structures and land uses;

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

7.    Provide a concrete pad within the fenced or walled area(s) and a concrete apron, which facilitates the handling of the individual bins or containers;

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

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

F.    Location Standards for Nonresidential and Multi-Unit Projects. Refuse and recyclable materials storage areas shall be located in the following manner:

1.    Locations where recyclable materials are deposited, collected, and loaded shall be as convenient as the locations where solid waste materials are deposited, collected, and loaded. Wherever feasible, recycling areas shall be located adjacent to or combined with solid waste collection areas.

2.    Storage areas shall only be located:

a.    Inside a specially designated structure; and

b.    Outside required setback areas, parking spaces, and required landscaped areas.

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

4.    Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector.

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

G.    Development and Location Standards for Residential Uses with One to Four Units.

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

2.    If trash container storage areas cannot be located out of public view they shall be screened from public view. Screening shall consist of fences, walls, and landscaping to a height at least six inches above the tops of the containers. (Ord. 2023-22 § 905, 2023; Ord. 2019-15 § 10, 2019; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Visibility at Corners of Intersections Required. Corner lots in all zoning districts shall be developed in a manner that ensures visibility across the corners of the intersecting streets, alleys, and private driveways.

B.    Traffic Safety Visibility Area Described. The traffic safety visibility area shall be described as a triangular-shaped area on a corner lot formed by measuring the prescribed distance from the intersection of the front and street side property lines, an intersecting alley, or an intersecting driveway and connecting the lines diagonally across the property making a triangular area. See Figure 3-5.

Figure 3-5

Traffic Safety Visibility Area

C.    Area of Traffic Safety Visibility Area. The dimensions of a traffic safety visibility triangle shall be as follows and shall be subject to further review and approval of the City Traffic Engineer:

1.    City Standard 110-L shall apply at the intersection of public or private two street rights-of-way and at the intersections of commercial driveways and streets;

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

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

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

D.    Height Limit. The following height limit requirements shall apply within a traffic safety visibility area;

1.    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;

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

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

E.    Exemptions to Traffic Safety Visibility Height Limit.

1.    Alleys. No above-ground improvements (e.g., fences, walls, accessory structures, mounds of earth, vegetation and similar items) shall be allowed within the traffic safety visibility area required at the intersection of two alleys.

2.    City Traffic Engineer Approval. Improvements, structures, or vegetation that exceed the allowed height limit for visibility in the traffic safety visibility area may be approved by the City Traffic Engineer if it is determined that the location and/or height of the existing or proposed hedge, shrubbery, structure, or other obstruction allows for the unobstructed view of oncoming traffic, bicyclists, and pedestrians by a driver approaching an intersection including those with private driveways. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The purpose of this chapter is not intended to expand the requirements of Government Code Sections 65915 through 65918, as the same may be amended from time to time, but rather to provide a means for granting density bonuses and incentives as required by State law. This chapter provides regulations for considering density bonus and incentive requests for the development of housing that is affordable to extremely low-, very low-, low-, and moderate-income households, foster youth, disabled veterans, homeless persons, lower-income students, senior citizens, and childcare. (Ord. 2022-18 § 1 (Exh. A), 2022)

As used in this chapter, the following words shall have the following meanings:

A.    “Affordable housing” means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified fraction of the county median income, adjusted for household size. This includes housing designated for extremely low-, very low-, low-, and moderate-income households.

B.    “Childcare facility” means a child day care facility, other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age childcare center. “Childcare facility” does not include public or private primary or secondary education facilities.

C.    “Condominium conversion” means the conversion of apartments, or other rental units, into ownership property that consists of an undivided interest in common in a portion of real property coupled with a separate interest within the boundaries of the dwelling unit.

D.    “Density bonus” means a density increase over the maximum allowable residential density under applicable zoning and Land Use Element of the General Plan as of the date of application.

E.    “Development standard” means a site or construction condition, including, but not limited to, a height limitation, setback requirement, floor area ratio, an on-site open-space requirement, or a parking ratio that applies to a housing development pursuant to any ordinance, General Plan policy, specific plan, or other local condition, law, policy, resolution, or regulation. Development standard shall not mean an impact fee, inclusionary housing requirement, or dedication of land.

F.    “Disabled veteran” means any veteran who is currently declared by the United States Veterans Administration to be ten (10) percent or more disabled as a result of service in the armed forces. Proof of such disability shall be deemed conclusive if it is of record in the United States Veterans Administration.

G.    “Equivalent financial value” means an incentive that would result in a reduction in cost to the developer/property owner based upon the land cost per dwelling unit and shall be calculated based upon the difference in the value of the land with and without the density bonus.

H.    “Equivalent size” means that the replacement units specified in Section 20.32.120 contain at least the same total number of bedrooms as the units being replaced.

I.    “Foster youth” means a person in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth’s 13th birthday and who is no older than twenty-five (25) years of age at the commencement of the academic year.

J.    “Homeless person” shall have the same meaning as that phrase is defined in Section 11302 of the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Ch. 119).

K.    “Housing development” means a development project for five or more residential dwelling units, including mixed-use developments, subdivisions, or common interest development. A “housing development” may consist of residential units, unimproved residential lots, a project to substantially rehabilitate and convert an existing commercial building to residential use, or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would result in a net increase in available residential units. For purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application but may include more than one subdivision map.

L.    “Lower-income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in California Education Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower-income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the Federal government.

M.    “Major transit stop” means a site containing an existing rail transit station or the intersection of two or more major bus routes with a frequency of service interval of fifteen (15) minutes or less at the intersection of the two routes during both the morning and afternoon peak commute hours.

N.    “Natural or constructed impediments” means a hindrance or obstruction that prevents pedestrian or bicycle access to a major transit stop. Natural or constructed impediments include, but are not limited to, freeways, rivers, mountains, harbors, and bodies of water, but do not include residential structures, shopping centers, parking lots, or rails used for transit.

O.    “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety: (1) inconsistency with the zoning or General Plan land use designation; or (2) the eligibility to claim a welfare exemption under California Revenue and Taxation Code Section 214(G).

P.    “Unobstructed access” means that the income qualified resident of the housing development is able to walk or bike to or from the residence without trespassing or otherwise encountering natural or constructed impediments. (Ord. 2023-22 § 906, 2023; Ord. 2022-18 § 1 (Exh. A), 2022)

A.    To be eligible for a density bonus, incentive(s) or concession(s), or waiver or reduction of development standard(s) as provided by this chapter, a housing development or condominium conversion shall include only one of the following requirements and satisfy all other applicable provisions of this Zoning Code:

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

2.    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.

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

4.    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.

5.    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.

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

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

8.    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.

9.    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.

B.    Housing Development Not Eligible for a Density Bonus, Concession, Incentive, or Waiver. A housing development shall not be eligible for a density bonus, or any incentive, concession, or waiver of a development standard under this chapter on a parcel containing existing affordable housing unless:

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

2.    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. (Ord. 2023-22 § 907, 2023; Ord. 2022-18 § 1 (Exh. A), 2022)

A.    Fractional Units. The calculation of a density bonus in compliance with this section that results in fractional units, including base density and bonus density, shall be rounded up to the next whole number.

B.    Mixed Income Development. If a housing development qualifies for a density bonus under more than one income category, as senior housing, or as housing intended to serve transitional foster youth, disabled veterans, or homeless persons, the applicant shall select only one of the above categories in the application. Density bonuses from more than one category may not be combined.

C.    General Plan and Zoning Consistency. The granting of a density bonus, in and of itself, shall not be interpreted as requiring a General Plan amendment, Zoning Map amendment, or other discretionary approval.

D.    Financial Incentives. The provisions of this chapter shall not be interpreted to require or limit the City from providing direct financial incentives, including the provision of publicly owned land or the waiver of fees or dedication requirements.

E.    Increased Density Limit. A housing development shall not exceed the cumulative total of base units allowed by the underlying zone and the density bonus units allowed by Section 20.32.050. Incentives, concessions, or development standard waivers shall not be used to increase density.

F.    Reduced Density. An applicant for a density bonus may elect to provide a lesser percentage of density increase than what is authorized by Section 20.32.050 including, but not limited to, no increase in density, but shall remain eligible for concessions or incentives, waivers of development standards, and eligible parking requirements provided the project meets the eligibility requirements of this section. (Ord. 2022-18 § 1 (Exh. A), 2022)

A housing development that meets one of the eligibility levels in Section 20.32.030 is entitled to a density bonus as provided herein.

A.    Density Bonus for Very Low-, Low-, and Moderate-Income Households. A housing development that is eligible for a density bonus pursuant to Section 20.32.030(A)(1) through (A)(4) is entitled to a density bonus calculated as follows:

Notwithstanding the foregoing, a cap on density will not apply if both of the following conditions are met:

1.    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 households.

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

B.    Density Bonus for Transitional Foster Youth, Disabled Veterans, or Homeless Persons. A housing development that is eligible for a density bonus at the level set forth in Section 20.32.030(A)(5) shall be entitled to a density bonus of twenty (20) percent.

C.    Density Bonus for Lower-Income College Students. A student housing development that is eligible for a density bonus at the level set forth in Section 20.32.030(A)(6) shall be entitled to a density bonus of thirty-five (35) percent.

1.    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.

2.    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).

3.    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.

4.    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.

5.    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.

D.    Density Bonus for Condominium Conversion. A condominium conversion that is eligible for a density bonus pursuant to Section 20.32.030(A)(7) shall be entitled to a density bonus of twenty-five (25) percent provided the condominium conversion meets all of the requirements in Section 20.32.100.

E.    Density Bonus for Senior Housing. A senior housing development that is eligible for a density bonus pursuant to Section 20.32.030(A)(8) shall be entitled to a density bonus of twenty (20) percent.

F.    Density Bonus for Donating Land for Very Low-Income Units. A housing development that includes the donation of land for the development of very low-income housing pursuant to Section 20.32.030(A)(9) shall be entitled to a density bonus calculated as follows:

1.    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.

2.    The donated land shall be the greater of:

a.    One acre;

b.    Sufficient square-footage or acreage to permit development of the percentage of base units proposed; or

c.    Sufficient square-footage or acreage to permit development of forty (40) units under the existing general plan and zoning designation.

3.    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.

4.    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.

5.    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.

6.    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.

7.    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.

8.    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. (Ord. 2023-22 § 908, 2023; Ord. 2022-18 § 1 (Exh. A), 2022)

A.    Applicability. For a housing development that meets one of the eligibility levels in Section 20.32.030, the applicant may request application of the parking requirements set forth below. An applicant may request additional parking incentives beyond those provided in this section in compliance with Sections 20.32.070 and 20.32.080.

B.    Number of Parking Spaces Required.

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

2.    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.

3.    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:

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

b.    The housing development is a for-rent housing development for individuals who are sixty-two (62) years of age or older that meet the definition in California Civil Code Sections 51.2 and 51.3 and the housing development has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eight times per day; or

c.    The housing development is either a special needs housing development, as defined in California Health and Safety Code Section 51312, or supportive housing development as defined in California Health and Safety Code Section 50675.14, and the housing development has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eight times per day.

4.    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.

C.    Location of Parking. For purposes of this section, a housing development may provide on-site parking through uncovered or tandem on-site parking.

D.    Rounding of Partial Parking Spaces. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. (Ord. 2023-22 § 909, 2023; Ord. 2022-18 § 1 (Exh. A), 2022)

A.    Applicant Request and City Approval. The applicant shall include any request for incentive(s) or concession(s) listed in subsection (C) of this section concurrently with the application for project approval. The applicant shall provide documentation establishing that an incentive or concession is necessary to make the housing units economically feasible. When an applicant makes a request for an incentive or concession, the review authority shall grant the request unless one or more of the following findings is made:

1.    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);

2.    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

3.    The incentive would be contrary to State or Federal law.

B.    Number of Incentives or Concessions. Except as provided in subsection (A) of this section, the review authority shall grant the following number of incentives or concessions:

1.    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.

2.    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 households in a for-sale housing development.

3.    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 households in a for-sale housing development.

4.    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.

C.    Type of Incentive or Concession. For the purposes of this chapter, “incentive” or “concession” means any of the following:

1.    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;

2.    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;

3.    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

4.    Other regulatory incentives that will result in identifiable, financially sufficient, and actual cost reductions. (Ord. 2022-18 § 1 (Exh. A), 2022)

In addition to requesting an incentive or concession, an applicant for a density bonus may also submit a proposal to the City to waive or reduce an unlimited number of development standards that would otherwise preclude or inhibit construction of the housing development at the densities or with the incentives permitted by this chapter.

A.    When an applicant makes a request for a waiver, the review authority shall grant the request unless any of the following findings are made:

1.    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.

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

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

B.    Notwithstanding subsection (A) of this section, a housing development that is eligible for no cap on density pursuant to Section 20.32.050(A) shall only be eligible for a waiver or reduction of development standards as provided in Section 20.32.070(B)(4). (Ord. 2022-18 § 1 (Exh. A), 2022)

A.    Incentives. A housing development that complies with the income requirements of Section 20.32.030(A) and includes a childcare facility, other than a large or small family day care home, that will be located on the same site as the development, shall be eligible for either of the following additional incentives:

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

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

Notwithstanding the foregoing, the City shall not be required to provide a density bonus for a childcare facility if it finds that the community has adequate childcare facilities.

B.    Requirements to Qualify for Incentives. The City shall require, as a condition of approval of the housing development, that:

1.    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

2.    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). (Ord. 2022-18 § 1 (Exh. A), 2022)

A.    Density Bonus. When an applicant proposes to convert apartments to condominiums, which meet the eligibility level in Section 20.32.030(A)(7), the City shall grant either a density bonus of up to twenty-five (25) percent pursuant to Section 20.32.050(D) to create additional units on the project site or other incentive of equivalent financial value provided:

1.    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

2.    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.

B.    Replacement Units. All units within the condominium conversion shall meet the replacement requirements in Section 20.32.120.

C.    Ineligible Requests. Apartments which are proposed for conversion to condominiums shall be ineligible for a density bonus or other incentive under this section if the apartments were previously granted a density bonus, concession, incentive, or waiver or reduction of development standards.

D.    Preapplication Process. An applicant may submit to the City a preliminary application for the condominium conversion on a form provided by the Director prior to the submittal of an application to the City under Chapters 19.08 and 19.64. Within ninety (90) days of receipt of the preliminary application, the City shall notify the applicant in writing whether the application is eligible for a condominium conversion pursuant to this section.

E.    Approval. An application for condominium conversion shall meet the requirements set forth in Chapter 19.64. Nothing in this section shall be construed to require the City to approve an application for a condominium conversion. (Ord. 2022-18 § 1 (Exh. A), 2022)

Affordable units shall be designed and distributed within the housing development as follows:

A.    Number of Bedrooms. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole;

B.    Comparable Quality and Facilities. Affordable units shall be constructed to the same quality and exterior design as the market-rate housing units. Additionally, the affordable units shall include the same laundry, recreation, and other facilities that are made available to the market-rate housing units;

C.    Access. In mixed-income multi-unit structures, the occupants of the affordable units shall have the same access to common entrances and any common areas including parking areas in that structure as the occupants of the market-rate housing units;

D.    Size. Affordable units may be smaller and have different interior finishes and features than the market-rate units; and

E.    Location. Affordable units shall be distributed within the residential development, unless clustering is allowed by the review authority. Notwithstanding, in a mixed-income multi-unit structure, affordable units shall not be isolated to a specific floor or an area of a specific floor. (Ord. 2022-18 § 1 (Exh. A), 2022)

An application for a density bonus on any property with existing rental dwelling units or rental dwelling units that were vacated or demolished within the five years preceding the application; and are, or were, subject to a recorded covenant that restricts rents to very low- or low-income households; or are, or were, occupied by very low- or low-income household(s) shall be subject to all of the following requirements:

A.    Occupied Units. For rental dwelling units that are occupied on the date of the application, the housing development shall provide at least the same number of affordable units of equivalent size at affordable rent or affordable housing cost to, and occupied by, persons or families in the same or lower-income category as the existing occupants.

B.    Vacant or Demolished Units. For rental dwelling units that have been vacated or demolished within the five years preceding the application, the housing development shall provide at least the same number of affordable units of equivalent size as existed at the highest occupancy point for those units in the five years preceding the application at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower-income category as the persons or families that occupied the units immediately preceding the vacancy or demolition.

C.    Unknown Household Income. If the income of the existing occupants or occupants within the past five years is unknown to the City or the applicant, it shall be rebuttably presumed that the rental dwellings units were occupied by low-income and very low-income renter households as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. (Ord. 2022-18 § 1 (Exh. A), 2022)

The units that qualified the housing development for a density bonus and other incentives shall continue to be available as affordable and/or senior units in compliance with the following requirements:

A.    Duration of Availability. The applicant shall record a covenant on the property that the units that qualified the housing development for a density bonus and other incentives are restricted as affordable units for at least fifty-five (55) years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

B.    Affordable Costs. The rents and owner-occupied costs charged for the housing units shall not exceed the following amounts during the period of continued availability required by this section:

1.    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

2.    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. (Ord. 2023-22 § 910, 2023; Ord. 2022-18 § 1 (Exh. A), 2022)

A housing development that includes for-sale units that are restricted and affordable to moderate-income households shall limit the occupancy and resale of the units as set forth in this section.

A.    Initial Occupancy. A for-sale unit, which qualified the applicant for the award of the density bonus, shall meet either of the following requirements:

1.    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.

2.    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:

a.    The nonprofit housing corporation is organized pursuant to Internal Revenue Code Section 501(c)(3) and has received a welfare exemption under California Revenue and Taxation Code Section 214.15 for properties intended to be sold to low-income households who participate in a special no-interest loan program;

b.    The contract restricts the use of the land for at least thirty (30) years to owner-occupied housing that is available at an affordable housing cost;

c.    The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale;

d.    The City Attorney finds that the long-term deed restrictions in the contract serve a public purpose;

e.    A repurchase option that requires a subsequent purchaser of the property that desires to sell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser; and

f.    Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower-income housing for at least forty-five (45) years for owner-occupied housing units and will be sold or resold only to very low-, low-, or moderate-income households.

B.    Resale. As part of the affordable housing agreement required pursuant to Section 20.32.160, the applicant shall enter into an equity sharing agreement with the City for the resale of affordable common interest units, unless it would be in conflict with the requirements of another public funding source or law. In lieu of an equity sharing agreement, the housing project could sell the units to a nonprofit housing corporation pursuant to subsection (A)(2) of this section. The following requirements apply to the equity sharing agreement:

1.    Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation; and

2.    The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within 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:

a.    The City’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value;

b.    The City’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale; and

c.    The initial subsidy shall include any incentives granted by the City and shall be equal to the monetary equivalent of the incentives. (Ord. 2023-22 § 911, 2023; Ord. 2022-18 § 1 (Exh. A), 2022)

An applicant requesting a density bonus, incentive, concession, or waiver pursuant to this chapter shall require approval of an Affordable Housing Implementation Plan pursuant to Sections 20.50.030 and 20.52.015. (Ord. 2022-18 § 1 (Exh. A), 2022)

The applicant approved for a density bonus, concession, incentive, or waiver under this chapter shall agree to construct, operate and maintain the affordable units in accordance with an affordable housing agreement. The affordable housing agreement shall be executed in a recordable form prior to the issuance of a building permit for any portion of a housing development subject to the requirements of this chapter. The affordable housing agreement shall be binding upon all future owners and successors in interest.

A.    Review. The terms of the affordable housing agreement shall be reviewed and revised as appropriate by the Director and City Attorney.

B.    Fees. The City may establish fees associated with the setting up and monitoring of the affordable units.

C.    Contents. The affordable housing agreement shall include at least the following:

1.    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.

2.    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.

3.    Maximum Allowable Rent or Sales Price.

a.    Rental Housing Developments. In the case of rental housing developments, the affordable housing agreement shall provide for the following conditions governing the use of the affordable housing units during the use restriction period:

i.    The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the affordable units for qualified tenants.

ii.    Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.

iii.    Provisions requiring owners to submit an annual report to the City, which includes the name, address and income of each person occupying each affordable unit, and which identifies the bedroom size and monthly rent or cost of each affordable unit.

iv.    A maximum rent schedule shall be submitted to the City prior to the issuance of an occupancy permit for the affordable units, and updated annually on the anniversary date of occupancy.

v.    Total move-in costs for eligible tenants occupying affordable units shall be limited to first month’s rent plus a security/cleaning deposit not to exceed one month’s rent.

vi.    When a tenant occupying an affordable unit no longer qualifies under the income requirements, verified through the monitoring program required as part of the affordable housing agreement, that tenant may then be charged market rate rent. If this occurs, any currently vacant unit of similar type to the affordable unit in question shall then be designated as an affordable unit, and the owner shall immediately attempt to secure tenants in accordance with this chapter. The owner is required to maintain at all times during the use restriction the minimum number of affordable units identified in the affordable housing agreement.

vii.    No subletting or short-term occupancy of designated affordable units shall be allowed.

b.    Ownership Projects. In the case of for-sale housing developments, as a condition of approval of the housing development, the City shall require an affordable housing agreement that includes the following conditions governing the initial sale and use of affordable units during the applicable use period:

i.    Affordable units shall, upon initial sale, be sold to eligible very low- and low-income households at an affordable sales price and housing cost, or to qualifying residents in the case of a senior citizen housing development.

ii.    Affordable units shall be initially owner-occupied by eligible very low- or low-income households, or by qualifying residents in the case of a senior citizen housing development.

iii.    The initial purchaser of each affordable housing unit shall execute an instrument or agreement approved by the City restricting the sale of the affordable housing unit in accordance with this chapter during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the affordable housing unit and shall contain such provisions as the City may require to ensure continued compliance with this chapter and State Density Bonus Law.

iv.    The affordable housing agreement shall stipulate that, when the terms of affordability expire on an affordable unit, the City and/or a nonprofit housing organization shall have a first right of purchase option sixty (60) days prior to the affordable unit being advertised on the market.

v.    Rental of affordable units shall not be allowed.

vi.    When an equity sharing agreement is required by this chapter, the affordable housing agreement shall specify the equity sharing agreement comply with Section 20.32.140.

4.    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.

5.    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).

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

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

8.    Other Provisions. Other provisions to ensure implementation and compliance with this chapter. (Ord. 2022-18 § 1 (Exh. A), 2022)

This chapter establishes requirements and standards for landscaping to enhance the appearance of development projects, reduce heat and glare, control soil erosion, conserve water, screen potentially incompatible land uses, preserve the integrity of neighborhoods, improve air and water quality, and protect pedestrian and vehicular traffic and safety. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    New Projects. New nonresidential projects and new multi-unit residential projects shall provide landscaping in compliance with this chapter.

B.    Existing Development. When alterations or expansions to existing nonresidential developments are proposed, the applicant shall comply with the requirements of this chapter to the greatest extent feasible, as determined by the Director. The approval of a discretionary application for alterations or expansions to an existing nonresidential development may include conditions of approval requiring compliance with the requirements of this chapter. This chapter does not apply to changes of use or interior tenant improvements that do not require discretionary approval.

C.    Municipal Code Requirements. In addition to the requirements of this chapter the requirements of Chapter 14.17 (Water-Efficient Landscaping) shall also apply.

D.    Timing of Installation. Required landscape and irrigation improvements shall be installed before issuance of a certificate of occupancy. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This chapter shall not apply to:

A.    Single-unit and two-unit projects, except as provided in Section 20.38.050(A) (Impervious Surfaces in R-1 and R-2 Zones);

B.    Registered historical sites; and

C.    Ecological restoration projects. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The review authority may modify the standards of this chapter to accommodate alternatives to required landscape materials or methods when the review authority determines that the proposed alternative would be equally or more effective in achieving the purposes of this chapter. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Impervious Surfaces in R-1 and R-2 Zones.

1.    Impervious surface areas, excluding driveways, 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.

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

B.    Safety Requirements. Landscape materials shall be located so that at maturity they do not:

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

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

3.    Block roadways, pedestrian access, or bicycle ways.

C.    Maintenance.

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

2.    Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. 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).

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

4.    Irrigation systems shall be kept in good operating condition, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Adjustments to eliminate overspray or runoff shall be made on a regular basis.

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

D.    Water Waste Prohibited. Water waste resulting from an inefficient irrigation system leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures is prohibited. (Ord. 2015-26 § 1, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Plans Required. A landscape and irrigation plan shall be submitted as part of the application for a zoning clearance or discretionary application approval except for single-unit and two-unit developments.

B.    Content and Preparation.

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

2.    Preparation by Qualified Professional. Landscape plans shall be prepared by California licensed landscape architects, licensed landscape contractors, certified nurserymen, project architects, or other professionals determined by the Department to be qualified.

C.    Review and Approval. The review authority shall review each landscape plan to verify its compliance with the provisions of this chapter.

D.    Statement of Surety. When required by the review authority a performance guarantee security in the form of cash, performance bond, letter of credit, or instrument of credit in an amount equal to one hundred (100) percent of the total value of all plant materials, irrigation, installation and maintenance shall be posted with the City.

E.    Changes to Approved Landscape Plans. The Director may authorize minor changes to an approved landscape plan that do not affect the theme or character established for the project or other provisions required by this chapter.

F.    Certification of Landscape Completion. The completion of required landscaping and irrigation improvements shall be certified by the preparer of the landscape and irrigation plan through a signed statement submitted to the Director. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Landscape Design. The required landscape plan shall be designed to integrate all elements of the project (i.e., structures, parking lots, streets, and other elements), enhance the aesthetic quality of the site, and minimize water and energy demands.

B.    Landscape Location Requirements. Landscaping shall be provided in all areas of a site as follows.

1.    Setbacks, Open Areas, and Easements. All setback and open space areas required by this Zoning Code shall be landscaped, except where they are to be retained and maintained in their natural state and the review authority determines that landscaping is not necessary to achieve the purposes of this chapter.

2.    Unused Areas. All areas of a project site not intended for a specific use, including a commercial pad site intended for future development, shall be landscaped unless retained and maintained in their natural state and the review authority determines that landscaping is not necessary to achieve the purposes of this chapter.

3.    Parking Areas. Parking areas shall be landscaped as outlined in Section 20.40.070 (Development Standards for Parking Areas).

C.    Plant Material.

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

2.    Quality. Plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent.

3.    Size at Time of Planting. Plant materials shall be sized and spaced to achieve immediate effect and shall be a mixture of 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.

D.    Plant Selection and Grouping. Plant materials shall be selected for low water demand and drought tolerance; adaptability and relationship to the Newport Beach environment, and the geological and topographical conditions of the site; color, form, and pattern; ability to provide shade; and soil retention capability.

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

2.    Invasive Plant Species. Invasive plants are generally those identified by the California Invasive Plant Council and California Native Plant Society in their publications. The planting of invasive species shall be prohibited in the following areas:

a.    Sensitive habitat areas;

b.    Sites where a biological survey has identified significant natural habitat; and

c.    Within fifty (50) feet of a designated environmentally sensitive habitat area.

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

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

E.    Minimum Dimensions. Each area of landscaping shall have a minimum interior width of three feet for shrubs and groundcover and four feet for trees.

F.    Soil Conditioning and Mulching. Soil shall be prepared and/or amended to be suitable for the landscape material to be installed.

G.    Irrigation System Requirements.

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

2.    Water-efficient systems (e.g., drip, mini-spray, bubbler-type, or similar drip systems) shall be used whenever feasible. Low-flow sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and groundcover areas.

3.    Multi-program controllers with separated valves and circuits shall be used when the project contains more than one type of landscape treatment (e.g., lawn, groundcover, shrub, tree areas), or a variety of solar aspects.

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

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

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

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

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

9.    Overspray or run-off onto paved areas is prohibited. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This chapter establishes procedures for the continuation and maintenance of existing uses and structures, except signs, that do not conform to the provisions of this Zoning Code and for the abatement of those uses that may adversely affect the general welfare of persons and property. Refer to Section 20.42.140 (Nonconforming Signs) for regulations pertaining to nonconforming signs. The purpose of this chapter is to:

A.    Establish procedures and criteria for the continuation, maintenance, and expansion of specific nonconforming uses and structures;

B.    Encourage nonconforming uses and structures to become more conforming over time;

C.    Reduce the number of nonconforming uses by prohibiting their reestablishment after abandonment; and

D.    Phase out nonconforming uses in residential zoning districts in compliance with the abatement periods established in this chapter without infringing upon vested property rights. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Legally Established Uses and Structures. The provisions of this chapter shall apply to all legally established uses and structures that become nonconforming due to reclassification, ordinance changes, or annexations.

B.    Exemptions. A structure that was legally constructed prior to October 26, 2010, shall be exempt from the limitations identified in Section 20.38.040(G)(1) unless the structure is nonconforming because it does not comply with the required setbacks. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Director’s Determination. The Director shall determine the nonconforming conditions of land uses and structures.

B.    Nonconforming Use. Any use determined to have been lawfully established and maintained, but that does not conform to the use regulations or required conditions for the zoning district in which it is located by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City, shall be deemed to be a nonconforming use.

1.    A nonconforming use includes a use that was lawfully established and maintained, but is now conditionally allowed, and has not obtained a conditional use permit or minor use permit.

2.    A use shall not be considered to have been “lawfully established and maintained” and is an illegal use if it was established or operated without required permits and licenses, including permits and licenses required by any Federal, State, or local government agency.

C.    Nonconforming Structure. Any structure that was lawfully erected, but that does not conform with the development standards for the zoning district in which it is located by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City, shall be deemed to be a legal nonconforming structure. A structure, or any portion of a structure, shall not be considered to have been “lawfully erected” and is illegal if it was constructed without required permits, or was constructed inconsistent with approved plans for a required permit, including permits required by any Federal, State, or local government agency.

D.    Responsibility of Owner. When a use or structure does not conform with the applicable use regulations or property development standards for the zoning district in which it is located, it shall be the responsibility of the owner to provide evidence that the use or structure was lawfully established, erected, and maintained and is nonconforming by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City.

E.    Illegal Use or Structure. A use or structure that was not lawfully established, erected, or maintained is contrary to the provisions of this Zoning Code and the City may commence proceedings for the abatement and removal of the use or structure in compliance with the provisions of Chapter 20.68 (Enforcement). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Nonconforming structures may be maintained, altered, or added on to only in compliance with the provisions of this section.

A.    Maintenance and Repairs. Routine maintenance and repairs may be made to nonconforming principal and accessory structures.

B.    Nonstructural Alterations. Changes to interior partitions or other nonstructural improvements may be made to nonconforming principal structures, but shall not be made to accessory structures.

C.    Structural Alterations. Structural elements, with the exception of foundations of nonconforming principal structures (see subsection (D) of this section), may be modified, repaired, or replaced. Structural alteration of nonconforming accessory structures is not allowed.

D.    Foundation Alterations. Maintenance and repairs may be made to foundations of nonconforming principal structures. A foundation of a nonconforming principal structure may be modified, retrofitted, or replaced when necessary and in conjunction with additions allowed in compliance with subsection (G) of this section and Section 20.38.060(A). For any alterations beyond routine repair or maintenance, the nonconforming structure shall be required to be brought into compliance with all applicable standards and regulations of this Zoning Code, except as provided in subsection (F) of this section. Alterations to nonconforming accessory structures shall not be allowed.

E.    Seismic Retrofits. Alterations to nonconforming structures due to seismic retrofitting requirements are allowed in compliance with Chapter 15.07 (Earthquake Hazard Reduction in Existing Buildings).

F.    Reasonable Accommodation. Improvements to a nonconforming structure that are necessary to comply with an approved reasonable accommodation in compliance with Section 20.52.070 (Reasonable Accommodations) shall be allowed.

G.    Additions. Nonconforming structures may be expanded and the existing nonconforming elements of the structure shall not be required to be brought into compliance with the development standards of this Zoning Code subject to the following limitations and the limitations provided in Section 20.38.060 (Nonconforming Parking):

1.    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:

a.    The existing development is a legal nonconforming structure.

b.    The architectural design and materials of the existing nonconforming structure and proposed addition(s) are consistent with Section 20.48.180 (Residential Development Standards and Design Criteria).

c.    The existing nonconforming structure and the proposed addition(s) will be compatible with the existing and allowed pattern of development for the neighborhood.

d.    The level of nonconformity will not pose a health and safety threat for the property owner, will not be detrimental to the neighborhood, and is consistent with the purpose and intent of Chapter 20.38 (Nonconforming Uses and Structures).

e.    Limiting an expansion of the gross floor area to fifty (50) percent of the existing structure would be inequitable given the specific circumstances.

Gross floor area shall include existing garages and garages added in compliance with subsection (G)(5) of this section;

2.    The floor area of any addition, together with the floor area of the existing structure, shall not exceed the allowed maximum floor area for the zoning district;

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

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

5.    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.

H.    Exceptions.

1.    Corona del Mar and Balboa Village. Existing nonresidential structures within Corona del Mar and Balboa Village that are nonconforming because they exceed the allowed floor area shall be exempt from the limits of this section and may be demolished and reconstructed to their preexisting height and floor area; provided, that not less than the preexisting number of parking spaces is provided.

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

3.    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. (Ord. 2022-25 § 6, 2022; Ord. 2015-3 § 1, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Nonconforming uses may be changed, expanded, increased, or intensified only as provided in this section.

A.    Expansion and Intensification of Existing Nonconforming Uses.

1.    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.

2.    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).

B.    Change of Use. A nonconforming nonresidential use may be changed to a conforming use, provided the change does not create or increase a deficiency in required off-street parking except as provided in Section 20.38.060 (Nonconforming Parking).

C.    Exception for Landmark Structures. The use of a landmark structure may be changed, expanded, increased, or intensified without obtaining a conditional use permit required by this section subject to compliance with the provisions of Section 20.38.070 (Landmark Structures). (Ord. 2022-25 § 7, 2022; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Residential. Where a residential structure or use is nonconforming only because it does not conform to the off-street parking requirements of this Zoning Code, only the following alterations may be allowed:

1.    Number of Spaces. A residential development having less than the required number of parking spaces per dwelling unit shall be allowed the following repairs, alterations, and additions:

a.    Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.38.040(A) through (F); and

b.    Additions up to a maximum of ten (10) percent of the existing floor area of the structure within a ten (10) year period as provided in Section 20.38.040(G).

2.    Dimensions or Type of Parking Spaces. Residential developments that are nonconforming because they do not have the required type of covered or enclosed parking spaces or because amendments to this Zoning Code have changed the dimensions of required parking spaces subsequent to the original construction of the structure may be altered or expanded as follows:

a.    All improvements and expansions allowed under subsection (A)(1) of this section;

b.    Additions larger than those allowed under subsection (A)(1) of this section may be allowed subject to the approval of a modification permit in compliance with Section 20.52.050 (Modification Permits).

3.    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:

a.    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 where the property is located;

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

c.    The square footage of residential parking area additions identified below shall be excluded from the allowed expansion under this subsection (A)(3), but shall be included as gross floor area;

d.    The height of the residential structure including the cottage addition shall not exceed the following, regardless of roof pitch:

i.    Front half of lot: single story with a maximum height of sixteen (16) feet; and

ii.    Rear half of lot: two story with a maximum height of twenty-four (24) feet;

e.    The residential structure shall not include a third-floor deck;

f.    Outside the coastal zone, dwellings within the residential development shall not be rented for periods of thirty (30) days or less. Refer to Section 21.38.060(A)(4)(f) of this section for short term lodging allowances for developments within the coastal zone; and

g.    Deed Restriction and Recordation Required. Prior to the issuance of a building permit for a cottage preservation project, the property owner shall record a deed restriction with the Orange County Recorder’s Office, the form and content of which is satisfactory to the City Attorney, agreeing to maintain the property consistent with the limitations specified above for cottage preservation and the restrictions on short-term lodging. The deed restriction document shall notify future owners of the restriction. This deed restriction shall remain in effect so long as the cottage preservation project exists on the property.

B.    Nonresidential. Where nonresidential structures and uses are nonconforming because they do not provide the required number of parking spaces the following provisions shall apply:

1.    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.

2.    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).

3.    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:

a.    Required parking for the additional square footage is provided; or

b.    If the new use requires more parking than the nonconforming use, the new use shall only be required to provide additional parking equal to the difference between the two; or

c.    A reduction in the number of required parking spaces is approved in compliance with the provisions of this Zoning Code.

4.    Demolition of Structure. All rights with regard to nonconforming parking shall be lost for a structure that is voluntarily demolished, except as provided in Section 20.38.040(H) (Exceptions). (Ord. 2023-23 § 1 (Exh. A § 20), 2023; Ord. 2022-2 § 1, 2022; Ord. 2020-4 § 2, 2020; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. The purpose of this section is to help preserve historic structures, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located by granting relief from restrictions on nonconforming structures and uses and by maintaining the principal use and minimizing impacts on the surrounding area.

B.    Applicability. The following types of structures are recognized as having importance to the history and architecture of the City and are collectively designated as landmark structures:

1.    Landmark Theaters. The term “landmark theaters” shall mean a structure constructed for use as a cinema or theater that was constructed on or before December 12, 1950; has a single screen or stage; and was designed to seat more than three hundred (300) people.

2.    Landmark Structure. The term “landmark structure” shall mean a structure listed on the National Register of Historic Places, constructed on or before December 12, 1950.

C.    Exemptions. Changes in use and structural alterations to a landmark structure shall be exempt from the requirements of this chapter in compliance with the following.

1.    Change of Use.

a.    The principal use of a landmark structure may be changed, modified, increased, or intensified without obtaining a discretionary permit subject to compliance with the conditions of subsection (D) of this section, and regardless of whether the use has been discontinued for a period of time.

b.    An accessory use may be initiated, increased, or intensified without obtaining a discretionary permit subject to compliance with the conditions of subsection (D) of this section.

c.    For purposes of this section, the term “principal use of a landmark theater” shall mean the display of motion pictures and similar entertainment uses that occurred on a regular basis within the structure from its inception to January 1, 2003.

d.    For the purposes of this section, the term “principal use of a landmark structure” shall be the use that occupied the greatest amount of floor area as of January 1, 2003.

e.    For purposes of this section, the term “accessory use” shall mean a use that is allowed in the zoning district in which the landmark structure is located.

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

D.    Conditions. The exemptions specified in subsection (C) of this section are applicable on the following conditions:

1.    A new use that is initiated and a use that is intensified by way of a change in operational characteristics shall be an accessory use and remain subordinate to the principal use of the landmark structure;

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

3.    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;

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

5.    The required off-street parking of all uses after any additions, intensification, modification, or expansion (including credit for reductions in off-street parking resulting from the elimination of accessory uses existing on January 1, 2003) is less than the required off-street parking for the principal and accessory uses prior to any additions, intensification, modification or expansion; and

6.    The 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. (Ord. 2025-14 § 1 (Exh. A § 14), 2025; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Nonconforming Use. A nonconforming use occupying land, a conforming structure, or a portion of a conforming structure that is involuntarily damaged or destroyed may be reestablished; provided, that:

1.    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

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

B.    Nonconforming Structure.

1.    Determination of Replacement Cost. The replacement cost of the structure shall be determined by the Building Official. However, the Building Official shall accept the appraised replacement cost of the structure as determined by an independent, licensed appraiser retained by the property owner.

2.    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.

3.    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.

C.    Aging and Deterioration. The provisions of this section shall not allow replacement of nonconforming conditions in structures damaged by ongoing natural processes (e.g., dry rot or termites) or that have deteriorated due to age and lack of maintenance.

D.    Condominium Units. When a minor use permit is required for replacement or repair of condominium units that are involuntarily damaged or destroyed no reduction in the number of units shall be required. The replacement units shall be permitted to be equivalent in size and location to the units that were damaged or destroyed.

E.    Exceptions for Corona del Mar and Balboa Village. Existing nonresidential structures within Corona del Mar and Balboa Village that are nonconforming because they exceed the allowed floor area shall be exempt from the limits of this section and may be demolished and reconstructed to their preexisting height and floor area; provided, that not less than the preexisting number of parking spaces is provided. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Nonconforming Use. Unless otherwise provided in this chapter a nonconforming use, or nonconforming operational characteristic of a use, shall cease operations, shall not be reestablished, and shall lose its nonconforming right when one or more of the following conditions occur:

1.    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;

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

3.    The use, or nonconforming operational characteristic of a use, is enlarged, extended, expanded (e.g., increase in floor area, lot area, or occupancy load), or changed to increase its nonconformity with the regulations of this Zoning Code without first obtaining required approvals; or

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

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

C.    Exceptions.

1.    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.    The use is allowed by right, but is nonconforming only because it does not conform to one or more of the standards for specific land uses, including parking;

b.    The property or structure where the nonconforming use is located contains a substantial investment because of the structural design, equipment, or fixtures that are unique to and necessary for the operation of the former use; and

c.    The property owner has made a good faith effort to reestablish the use and has maintained the property in a manner to prevent unsafe or unsightly conditions during the period of inactivity.

2.    A nonconforming use that has been discontinued for 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). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Nonconforming uses shall be abated and terminated upon the expiration of the periods of time identified in this section.

B.    All Zoning Districts When No Structure Is Involved. Nonconforming uses of land located in any zoning district, Planned Community District, or specific plan district that do not involve the use of a structure shall be discontinued within one year of becoming nonconforming.

C.    Residential Zoning Districts Involving a Structure. In residential zoning districts or in an area where residential uses are allowed in Planned Community Districts or specific plan districts, a nonconforming use of land involving a structure shall be discontinued as follows:

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

a.    Within one year; or

b.    Upon the expiration of the term of a lease on the property. Any lease shall be the last lease entered into for the subject property prior to December 7, 2007; or

c.    Upon the expiration of a current operating license that is required by State law.

2.    Order of Abatement. Whenever the Director finds that any of the conditions exist that are identified in 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.

3.    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.

4.    Extension of Abatement Period. Following the issuance of an abatement order by the Director, a property owner may request an extension of the abatement period in order to amortize the property owner’s investment and to avoid a potential taking of property either under the procedure outlined in this subsection or under the procedure outlined in subsection (C)(5) of this section (Extension of Abatement Period for Residential Care Facility).

a.    Application Requirements. An application for an extension of the abatement period shall be filed with the Department no later than ninety (90) days prior to the expiration of the abatement period as specified in this section. The application shall include the following information in addition to other information required by the Department:

i.    The length of the requested extension of the abatement period; and

ii.    Evidence in support of the findings included in subsection (C)(4)(c) of this section (Findings and Considerations).

b.    Hearing Officer Hearing and Action.

i.    The Hearing Officer, as provided in Section 20.60.040 (Hearing Officer), shall be the review authority for applications for requests of extensions to abatement periods for nonconforming uses in residential zoning districts and in Planned Community Districts or specific plan districts where residential uses are allowed.

ii.    The Hearing Officer shall conduct a public hearing on the request in compliance with Chapter 20.62 (Public Hearings).

iii.    The Hearing Officer, by resolution, shall approve, conditionally approve, or deny the request for an extension to the abatement period. The resolution shall include: findings of fact; evidence presented of economic hardship arising from the abatement proceedings; the nonconformity’s impact on the community; and other factors that may affect the length of the abatement period required to avoid an unconstitutional taking.

c.    Findings and Considerations. In reviewing an application for an extension to the abatement period the Hearing Officer shall consider the following:

i.    Length of the abatement period in relation to the owner’s investment in the use;

ii.    Length of time the use was operating prior to the date of nonconformity;

iii.    Suitability of the structure for an alternative use;

iv.    Harm to the public if the use remains beyond the abatement period; and

v.    Cost and feasibility of relocating the use to another site.

d.    Notice to Owner. Following the hearing, the Department shall send a copy of the Hearing Officer’s action to the owner of the property within ten (10) days following the date of the Commission’s action.

e.    Appeals. Refer to subsection (F) of this section.

5.    Extension of Abatement Period for Residential Care Facility. The abatement period for a residential care facility may be extended upon approval of an application by the Director under one or both of the circumstances outlined below. An application for an extension under this 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:

a.    When the owner or occupant has applied for a conditional use permit (Section 20.52.020) or reasonable accommodation (Section 20.52.070) in a timely manner and is diligently pursuing the applicable process, as determined by the Director; or

b.    When the business owner or occupant is contractually obligated to continue the provision of a program or service for one or more persons so long as any existing contract provides for a normal and customary term for the provision of those services. No term shall exceed sixty (60) days.

D.    Nonresidential Zoning Districts Involving a Structure.

1.    Abatement Period. In nonresidential zoning districts, and in areas where residential uses are not allowed in Planned Community Districts or specific plan districts, a nonconforming use of land involving a structure shall be discontinued within 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.

2.    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.

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

a.    A different abatement period is specified in a Planned Community District or specific plan district; or

b.    The use is located in a landmark structure that is subject to the provisions of Section 20.38.070 (Landmark Structures), in which case there shall be no abatement period.

4.    Extension of Abatement Period. Following the issuance of an abatement order by the Director, a property owner may request an extension of the abatement period in order to amortize the property owner’s investment and to avoid a potential taking of property.

a.    Application Requirements. An application for an extension of the abatement period shall be filed with the Department no later than ninety (90) days prior to the expiration of the abatement period as specified in this section. The application shall include the following information in addition to other information required by the Department:

i.    The length of the requested extension of the abatement period; and

ii.    Evidence in support of the findings included in subsection (D)(4)(c) of this section (Findings and Considerations).

b.    Commission Hearing and Action.

i.    The Commission shall be the review authority for applications for requests of extensions to abatement periods for nonconforming uses in nonresidential zoning districts and in Planned Community Districts or specific plan districts where residential uses are not allowed.

ii.    The Commission shall conduct a public hearing in compliance with Chapter 20.62 (Public Hearings).

iii.    The Commission shall evaluate evidence presented of economic hardship arising from the abatement proceedings, the nonconformity’s impact on the community, and other factors provided in subsection (D)(4)(c) of this section that may affect the length of the abatement period required to avoid an unconstitutional taking.

iv.    The Commission shall approve, conditionally approve, or deny the request for an extension to the abatement period only as required to avoid an unconstitutional taking of property.

c.    Findings and Considerations. In reviewing an application for an extension to the abatement period the Commission shall consider the following:

i.    Length of the abatement period in relation to the owner’s investment in the use;

ii.    Length of time the use was operating prior to the date of nonconformity;

iii.    Suitability of the structure for an alternative use;

iv.    Harm to the public if the use remains beyond the abatement period;

v.    Cost and feasibility of relocating the use to another site; and

vi.    Other evidence relevant to the determination of whether an extension of the abatement period is required to avoid an unconstitutional taking of property.

d.    Notice to Owner. Following the hearing, the Department shall send a copy of the Commission’s action to the owner of the property within ten (10) days following the date of the Commission’s action.

E.    Enforcement. The City shall enforce the provisions of this chapter by civil action, utilization of the procedures in Chapter 20.68 (Enforcement), or any other proceedings or methods permitted by law.

F.    Appeals.

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

2.    Council hearings on appeals of the Hearing Officer’s decision shall not be de novo and the City Council shall determine whether the findings made by the Hearing Officer are supported by substantial evidence presented during the evidentiary hearing. The City Council, acting as the appellate body, may sustain, reverse, or modify the decision of the Hearing Officer or remand the matter for further consideration. The remand shall include specific issues to be considered or a direction for a de novo hearing. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The purpose of this chapter is to provide off-street parking and loading standards to:

A.    Provide for the general welfare and convenience of persons within the City by ensuring that sufficient parking facilities are available to meet the needs generated by specific uses and that adequate parking is provided, to the extent feasible;

B.    Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities;

C.    Increase public safety by reducing congestion on public streets and to minimize impacts to public street parking available for coastal access and recreation;

D.    Ensure access and maneuverability for emergency vehicles; and

E.    Provide loading and delivery facilities in proportion to the needs of allowed uses. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Off-Street Parking Required. Each use, including a change or expansion of a use or structure, except as otherwise provided for in Chapter 20.38 (Nonconforming Uses and Structures) shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily completed.

B.    Change, Enlargement, or Intensification of Use. Changes in use and enlargement or intensification of an existing use shall require compliance with the off-street parking requirements of this chapter, except as allowed in Chapter 20.38 (Nonconforming Uses and Structures). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Parking Required to Be On-Site. Parking shall be located on the same lot or development site as the uses served, except for the following:

1.    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.

2.    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).

B.    Permanent Availability Required. Each parking and loading space shall be permanently available and maintained for parking purposes for the use it is intended to serve. The Director may authorize the temporary use of parking or loading spaces for other than parking or loading in conjunction with a seasonal or intermittent use allowed in compliance with Section 20.52.040 (Limited Term Permits).

C.    Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas shall be kept free of dust, graffiti, and litter. Striping, paving, walls, light standards, and all other facilities shall be permanently maintained in good condition.

D.    Vehicles for Sale. Vehicles, trailers, or other personal property shall not be parked upon a private street, parking lot, or private property for the primary purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is appropriately zoned, and the vendor is licensed to transact a vehicle sales business at that location.

E.    Calculation of Spaces Required.

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

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

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

4.    Net Public Area. “Net public area” shall be defined as the total area accessible to the public within an eating and/or drinking establishment, excluding kitchens, restrooms, offices pertaining to the use, and storage areas.

5.    Spaces per Occupant. References to spaces per occupant are to be calculated on the basis of maximum occupancy approved by the City of Newport Beach Fire Department.

6.    Spaces Required for Multiple Uses. If more than one use is located on a site, the number of required off-street parking spaces shall be equal to the sum of the requirements prescribed for each use.

F.    Nonconforming Parking and Loading. Land uses and structures that are nonconforming due solely to the lack of off-street parking or loading facilities required by this chapter shall be subject to the provisions of Section 20.38.060 (Nonconforming Parking). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Off-street parking spaces shall be provided in compliance with Table 3.10. These standards shall be considered the minimum required to preserve the public health, safety, and welfare, and more extensive parking provisions may be required by the review authority in particular circumstances. Unless otherwise noted parking requirements are calculated based on gross floor area.

(Ord. 2023-6 § 1 (Exh. A), 2023; Ord. 2021-6 § 2, 2021; Ord. 2017-11 § 5, 2017; Ord. 2015-15 § 8, 2015; Ord. 2013-4 § 3, 2013; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    An off-street parking space requirement of one space for each two hundred (200) square feet of gross floor area may be used for shopping centers meeting the following criteria:

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

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

B.    Individual tenants with a gross floor area of ten thousand (10,000) square feet or more shall meet the parking space requirement for the applicable use in compliance with Section 20.40.040 (Off-Street Parking Spaces Required).

C.    Shopping centers with gross floor areas in excess of 100,000 square feet or with eating and drinking establishments occupying more than fifteen (15) percent of the gross floor area of the center shall use a parking requirement equal to the sum of the requirements prescribed for each use in the shopping center. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

(Ord. 2023-6 § 1 (Exh. A), 2023; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Access to Parking Areas. Access to off-street parking areas shall be provided in the following manner:

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

a.    Adequate and safe maneuvering aisles shall be provided within each parking area so that vehicles enter an abutting street or alley in a forward direction.

b.    The Director may approve exceptions to the above requirement for parking spaces immediately adjoining a public alley, provided not more than ten (10) feet of the alley right-of-way is used to accommodate the required aisle width, and provided the spaces are set back from the alley the required minimum distances shown in Table 3-11.

c.    The first parking space within a parking area accessed from a public street shall be set back a minimum of five feet from the property line.

2.    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.

B.    Location of Parking Facilities.

1.    Residential Uses. Parking facilities serving residential uses shall be located on the same site as the use the parking is intended to serve. Additional requirements are provided in Section 20.40.090 (Parking Standards for Residential Uses).

2.    Nonresidential Uses. Parking facilities for nonresidential uses shall be located on the same site as the use the parking is intended to serve, except where an off-site parking facility is approved in compliance with Section 20.40.100 (Off-Site Parking).

3.    Parking Structures. When adjacent to a residential zoning district, the development of structured parking, including rooftop parking, shall require the approval of a conditional use permit to address potential impacts to adjacent residential uses.

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

C.    Parking Space and Lot Dimensions.

1.    Minimum Parking Space and Drive Aisle Dimensions. Each parking space, drive aisle, and other parking lot features shall comply with the minimum dimension requirements in Tables 3-13 and 3-14 and as illustrated in Figure 3-6.

2.    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.

(1)    When the length of a parking space abuts a wall, or similar obstruction, the required width of the space shall be increased to nine feet.

(2)    Measured perpendicular to aisle.

(3)    Structural elements shall not encroach into the required stall, with the exception of a one square foot area at the front corners.

3.    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.

4.    Compact Parking. Compact parking spaces shall not be allowed. However, where they exist at the time of adoption of this Zoning Code they may remain and shall not be considered a nonconforming condition.

Figure 3-6

Parking Lot Dimensions

D.    Required Parking Area Improvements. Off-street parking areas shall have the following improvements:

1.    Curbing and Wheel Stops.

a.    Continuous concrete curbing shall be installed a minimum of five feet from a wall, fence, building, or other structure. Curbs shall be a minimum of four inches high.

b.    The minimum standard curb radius shall be six feet at all aisle corners. Alternative curb radii may be approved by the Director of Public Works.

c.    Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the parking area drainage is directed to the landscaped area subject to the approval of the Director of Public Works. Wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space. Wheel stops shall not be used in conjunction with continuous curbing, including adjacent to raised walkways.

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

3.    Landscaping. Landscaping for new surface parking lots with 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.

a.    Perimeter Parking Lot Landscaping.

i.    Adjacent to Streets.

(A)    Parking areas abutting a public street shall be designed to provide a perimeter landscape strip a minimum five feet wide between the street right-of-way and parking area. The Director may grant an exception to this requirement if existing structures, substandard lots, or unique site conditions preclude its implementation. In this case, the maximum feasible planting strip area shall be provided based on site conditions.

(B)    Landscaping, other than trees, shall be designed and maintained to screen cars from view from the street and shall be maintained at approximately thirty-six (36) inches in height.

(C)    Screening materials may include a combination of plant materials, earth berms, raised planters, low walls, or other screening devices that meet the intent of this requirement as approved by the Director.

(D)    Plant materials, walls, or structures within a traffic sight area of a driveway shall not exceed thirty-six (36) inches in height in compliance with Section 20.30.130 (Traffic Safety Visibility Area).

ii.    Adjacent to Residential Use.

(A)    Parking areas for nonresidential uses adjoining residential uses shall provide a landscaped buffer yard with a minimum of five feet in width between the parking area and the common property line bordering the residential use. A solid masonry wall and landscaping in compliance with Section 20.30.020(D) (Screening and Buffering Between Different Zoning Districts) shall be provided along the property line.

(B)    Trees shall be provided at a rate of one for each thirty (30) square feet of landscaped area and shall be a minimum twenty-four (24) inch box container at time of planting.

b.    Interior Parking Lot Landscaping.

i.    Trees Required.

(A)    Number and Location. Trees shall be evenly spaced throughout the interior parking area at a rate of one tree for every five parking spaces. Trees shall be located in planters that are bounded on at least two sides by parking area paving. Planters shall have a minimum exterior dimension of five feet.

(B)    Size. All trees within the parking area shall be a minimum twenty-four (24) inch box container at time of planting.

ii.    Ends of Aisles. All ends of parking aisles shall have landscaped islands planted with trees, shrubs, and groundcover.

iii.    Larger Projects. Parking lots with more than one hundred (100) spaces shall provide an appropriate entry feature consisting of a concentration of landscape elements, including specimen trees, flowering plants, enhanced paving, and project identification.

4.    Lighting. Parking lots shall be lighted so that there is a minimum illumination over the entire lot of 1.0 footcandle and an average over the entire lot of 2.5 footcandles. Lighting shall comply with the standards in Section 20.30.070 (Outdoor Lighting).

5.    Stall Markings, Directional Arrows, and Signs.

a.    Parking spaces shall be clearly outlined with four-inch-wide lines painted on the surface of the parking facility. Carpool and vanpool spaces shall be clearly identified for exclusive use of carpools and vanpools.

b.    Parking spaces for the disabled shall be striped and marked so as to be clearly identified in compliance with the applicable Federal, State, and City standards.

c.    Driveways, circulation aisles, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles.

d.    The Director of Public Works may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility.

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

E.    Enclosed Parking. The following regulations shall apply to enclosed commercial off-street parking:

1.    Doors shall remain open during regular business hours;

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

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

a.    Doors are to remain open during business hours; and

b.    A number to call for Code Enforcement.

4.    The location, size, and color of the signs required above shall be approved by the Department. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Where parking lots for nonresidential uses are allowed in residential zoning districts in compliance with Chapter 20.18 (Residential Zoning Districts), they shall be developed in compliance with the following requirements in addition to other applicable standards provided in this chapter.

A.    Conditional Use Permit Required. Approval of a conditional use permit shall be required in order to locate a parking lot intended for nonresidential use within a residential zoning district.

B.    Location of Parking Area. The parking area shall be accessory to, and for use of, one or more abutting nonresidential uses allowed in an abutting commercial zoning district. The Commission may grant a waiver for noncontiguous parking lots, but only under all of the following conditions:

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

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

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

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

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

C.    Access. Access to parking lots shall be from commercial streets or alleys. An exception may be granted by the Commission if no commercial streets are available for access.

D.    Passenger Vehicle Parking Only. Parking lots shall be used solely for the parking of passenger vehicles.

E.    Signs. No signs, other than signs designating entrances, exits, and conditions of use shall be maintained in parking areas. Signs shall not exceed four square feet in area and five feet in height. The number and location shall be approved by the Director before installation.

F.    Perimeter Wall. The parking lot shall have a solid masonry wall six feet in height along all interior property lines adjacent to residential zoning districts and thirty-six (36) inches in height adjacent to streets and the front setback area of an abutting residential use.

G.    Development Standards. The parking lot shall be developed in compliance with the development standards of this chapter and the outdoor lighting standards in Section 20.30.070 (Outdoor Lighting).

H.    No Overnight Parking. Overnight parking shall be prohibited and the parking lot shall be secured after business hours to prevent any use of the facility. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Parking Space and Driveway Dimensions.

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

*    The minimum depth for a two-car tandem space is thirty-five (35) feet.

2.    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.

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

a.    One car garage: ten (10) feet wide.

b.    Two car garage: twenty (20) feet wide.

c.    Three car garage: twenty-five (25) feet wide.

d.    Four car garage: thirty-two (32) feet wide.

4.    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.

B.    Access to Parking.

1.    Direct Access Required. Each parking space shall be capable of being accessed directly from an adjoining vehicular right-of-way or over an improved hard surfaced driveway, except for approved tandem parking spaces.

2.    Clear Access Required. Where access to a required parking space is taken over a driveway, the driveway shall be maintained free and clear at all times except for the parking of currently registered, licensed motor vehicles, and for temporary obstructions that are incidental to the use of the property. Temporary obstructions in the driveway shall be allowed only for a period up to seventy-two (72) hours.

C.    Location of Parking.

1.    Allowed Parking Areas. Parking of vehicles is allowed only in permanent parking areas and on driveways leading to allowed parking areas. Under no circumstances shall landscaped areas or hardscaped areas in front yards, other than driveways, be used for the parking of vehicles.

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

3.    Parking Located in Required Setback Areas. The following requirements shall apply to the parking or storage of motor vehicles, recreational vehicles, watercraft, trailers, and similar items in residential zoning districts:

a.    Front Setback Areas. Parking or storage in required front setback areas shall be prohibited, except on driveways in front of garages that set back a minimum of twenty (20) feet from the front property line.

b.    Side Setback Areas. Parking or storage in required side setback areas (behind the rear line of the required front setback area) shall be allowed.

c.    Rear Setback Areas Without Alleys. Parking or storage in required rear setback areas shall be allowed.

d.    Rear Setback Areas with Alleys. Parking or storage in required rear setback areas shall not be allowed. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Conditional Use Permit Required. Approval of a conditional use permit shall be required for a parking facility or any portion of required parking that is not located on the same site it is intended to serve.

B.    Findings. In order to approve a conditional use permit for an off-site parking facility the Commission shall make all of the following findings in addition to those required for the approval of a conditional use permit:

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

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

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

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

C.    Parking Agreement. A parking agreement, which guarantees the long-term availability of the parking facility for the use it is intended to serve, shall be recorded with the County Recorder’s Office. The agreement shall be in a form approved by the City Attorney and the Director.

D.    Loss of Off-Site Parking.

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

2.    Effect of Termination of Agreement. Upon notification that the agreement for the required off-site parking has terminated, the Director shall establish a reasonable time in which one of the following shall occur:

a.    Substitute parking is provided that is acceptable to the Director; or

b.    The size or capacity of the use is reduced in proportion to the parking spaces lost. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The number of parking spaces required by this chapter may be reduced only in compliance with the following standards and procedures:

A.    ADA Compliance. The Director may administratively reduce parking requirements due to a loss of parking spaces because of ADA requirements associated with tenant improvements.

B.    Reduction of Required Off-Street Parking. Residential and nonresidential off-street parking requirements may be reduced with the approval of a conditional use permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) and in compliance with the following conditions:

1.    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

2.    A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan).

C.    Parking Management Plan. When a parking management plan to mitigate impacts associated with a reduction in the number of required parking spaces is required by this chapter, the parking management plan may include, but is not limited to, the following when required by the review authority:

1.    Restricting land uses to those that have hours or days of operation so that the same parking spaces can be used by two or more uses without conflict;

2.    Restricting land uses with high parking demand characteristics;

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

4.    Providing parking attendants and valet parking; and

5.    Other appropriate mitigation measures.

D.    Reduction of Required Off-Street Parking by Director. Nonresidential off-street parking requirements may be reduced by a maximum of twenty (20) percent with the approval of the Director using any combination of the following:

1.    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).

2.    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:

a.    The applicant has provided sufficient evidence to substantiate that there exists a demand for bicycle parking; and

b.    The bicycle parking spaces are located completely within the private property they serve.

c.    An additional five percent reduction may be allowed when enhanced end-of-trip facilities are provided on the same site they serve, including, but not limited to, showers and locker facilities.

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

a.    Exclusive of curb space needed for emergency access purposes (e.g., a fire lane), the development includes at least twenty (20) linear and contiguous feet of on-site dedicated curb-space located entirely on private property; or

b.    There is one off-street parking space designated and with proper signage for the use of shared-mobility vehicles and/or pick-up/drop-off located on private property and on the same site it is intended to serve.

E.    Joint Use of Parking Facilities. Required nonresidential off-street parking may be reduced where two or more nonresidential uses on the same site have distinct and differing peak parking demands (e.g., a theater and a bank). The Director may grant a joint use of parking spaces between the uses that results in a reduction in the total number of required parking spaces in compliance subject to the following conditions:

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

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

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

4.    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

5.    A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan).

F.    Required Data. In reaching a decision to allow a reduction of required parking spaces, the review authority shall consider data submitted by the applicant or collected/prepared at the applicant’s expense. (Ord. 2023-6 § 1 (Exh. A), 2023; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Properties within a parking management district, established through the Parking Management (PM) Overlay District, may be exempted from all or part of the off-street parking requirements of this chapter in compliance with the provisions of the adopted parking management district plan. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The number of parking spaces required by Section 20.40.040 (Off-Street Parking Spaces Required) may be reduced if the review authority authorizes the use of an in-lieu fee to be paid by the applicant towards the development of public parking facilities. The in-lieu fee shall be paid to the Citywide Parking Improvement Trust Fund. The amount of the fee and time of payment shall be established by Council resolution. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The City of Newport Beach is a unique community located in an extraordinary environmental setting. Because of the need to protect and enhance the City’s unique character and aesthetic standards, to protect public safety and property values, and to promote tourism through enhanced aesthetic appeal, the Council finds that proper sign control is an important governmental interest. Therefore, the intent of the standards in this chapter is as follows:

A.    Provide each sign user an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs by appropriately regulating the time, place, and manner under which signs may be displayed.

B.    Preserve and enhance the community’s appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs.

C.    Encourage signs that are well designed and that attract and invite rather than demand the public’s attention.

D.    Encourage the design of signs that are complementary to the buildings and uses to which they relate and that are harmonious with their surroundings.

E.    Ensure freedom of expression for sign uses, including noncommercial speech, by maintaining a content-neutral approach to sign regulation.

F.    Enhance the safety of motorists and pedestrians by minimizing the distraction of intrusive signs, as well as to protect the life, health, property, and general welfare of City residents and visitors.

G.    Provide a review and approval process for signs to ensure compliance with the requirements of this chapter. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Regulatory Scope. This chapter regulates signs, as defined in this chapter, that are placed on private property or on property owned by public agencies other than the City of Newport Beach and over which the City has zoning authority. Regulations for signs on public property are codified in Chapter 13.20.

B.    Applicability. The regulations in this chapter shall apply to all signs in all zoning districts that come within the regulatory scope as defined in subsection (A) of this section unless specifically exempted. In addition, the provisions of Chapter 15.16 relating to building codes, sign permits, fees, penalties, and a method of enforcement shall also apply. Applications for sign permits that comply with the requirements of this chapter, and other applicable laws, shall be approved. Sign permits shall be required in compliance with Section 20.42.100 (Procedures for Sign Approval, Exemptions, and Revocations). Where approval of a conditional use permit, variance, modification permit, site plan review, or design approval has been obtained, any applicable conditions of that approval shall supersede the requirements of this chapter.

C.    Sign Permit Required. A sign permit shall be required for all signs, including change of copy allowed under the provisions of this chapter. In addition, signs that require a sign permit shall be subject to approval by the Director, Zoning Administrator, or Commission in conjunction with their sign approval authority. Only signs that comply with the provisions of this chapter shall be approved. Additionally, the sign design guidelines that have been adopted by the Council shall be applied to guide the Director, Zoning Administrator, and/or Commission in administering this chapter. Content of a noncommercial message shall not be considered when any required sign permit application is reviewed. Content of a commercial message shall be considered only to the extent required to determine whether the sign is an on-site sign. Refer to Section 20.42.100 (Procedures for Sign Approval, Exemptions, and Revocations) for sign permit requirements.

D.    Nonconforming Signs. An existing legally allowed sign that does not conform to the requirements of this chapter shall be deemed a nonconforming sign and shall be subject to the requirements of Section 20.42.140 (Nonconforming Signs).

E.    Planned Community Districts. In Planned Community (PC) Districts, sign regulations contained in the planned community development plan shall supersede the requirements of this chapter. If the planned community development plan does not provide regulations for a particular sign type or situation, the requirements of this chapter shall prevail. Service station signs in Planned Community Districts shall be subject to the provisions of Section 20.42.080(K)(3) (Service Station Signs) unless more restrictive sign regulations are contained in the planned community development plan.

F.    Santa Ana Heights Specific Plan. Signs proposed in the Santa Ana Heights specific plan area are subject to the provisions set forth in the specific plan document. The regulations contained in the Santa Ana Heights specific plan shall supersede the requirements of this chapter. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The policies, rules and regulations stated in this section apply to all signs within the regulatory scope of this chapter, and to all provisions of this chapter, notwithstanding any more specific provisions to the contrary.

A.    Message Neutrality. It is the City’s policy to regulate signs in a constitutional manner that is content neutral as to noncommercial messages and viewpoint neutral as to commercial messages.

B.    Regulatory Interpretations. Interpretations of the requirements of this chapter shall be exercised in light of the City’s message neutrality policy. Where a particular type of sign is proposed and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a “structure” as defined in the California Building Code, then the review authority shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this chapter. Refer to Chapter 20.12 (Interpretation of Zoning Code Provisions).

C.    Substitution of Messages. Signs authorized by this chapter are allowed to carry noncommercial messages in lieu of any other commercial or noncommercial messages. Substitution of messages may be made without additional approval or permitting process. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a lot, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

D.    Rules for Noncommunicative Aspects of Signs. Rules and regulations concerning the noncommunicative aspects of signs (e.g., type, location, size, height, illumination, spacing, orientation, etc.), stand enforceable independently of any permit or approval process.

E.    Mixed-Use Zones. In a zone where both residential and nonresidential uses are allowed, the signage rights and responsibilities applicable to a particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential area where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a minor use permit, conditional use permit, or similar discretionary process.

F.    Billboard Policy. The City completely prohibits the construction, erection or use of billboards, other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted. The City adopts this policy in compliance with California Government Code Section 65850 and California Business and Professions Code Sections 5354(a) and 5408.3. Permits shall not be issued for billboards that violate this policy, and the City will take immediate abatement action against billboards constructed or maintained in violation of this policy. The Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate existing, legal billboards, as encouraged by California Business and Professions Code Section 5412.

G.    Property Owners’ Consent. Signs shall not be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, “owner” means the holder of the legal title to the property and all parties and persons holding a present right to possession, control, or use of the property.

H.    Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases, mutual covenants or equitable servitudes regarding signs (so long as they are not in conflict with this chapter), or the ownership of sign structures.

I.    Sign Programs. Sign programs (comprehensive, innovative), voluntarily proposed for specific developments and planned communities, as well as special sign districts or special sign overlay zones, when approved by the Zoning Administrator and/or Commission may modify the rules provided in this chapter as to sign size, height, illumination, spacing, orientation, or other noncommunicative aspects of signs, but may not override or modify any of the general provisions in this section. All of the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. (Ord. 2023-22 § 913, 2023; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

For purposes of this chapter, the following definitions shall apply:

“A-frame sign” means a freestanding portable sign typically constructed of wood, metal, or plastic. These signs are usually small and are removed at the close of business. They are typically hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter “A.”

“Abandoned nonconforming sign” means a nonconforming sign that is advertising a use that has ceased or is located upon a structure that has been abandoned by its owner, for more than ninety (90) days.

“Abandoned sign” means a sign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor, service, owner or product available upon the site; or that identifies or advertises an event or activity that has occurred.

“Animated sign” means a sign that uses movement, lighting, or special materials to depict action or create a special effect or scene. This classification includes wind-actuated (e.g., balloons, bunting, pennants, streamers, whirligigs) or other similar devices.

“Awning” means a roof-like structure usually covered in fabric (e.g., canvas) that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

“Awning sign” means a sign painted on, printed on, or attached to the surface of an awning.

“Back-lit awning” means an internally illuminated, fixed, space-frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.

“Banner sign” means a sign made of fabric or any nonrigid material with no enclosing framework.

“Billboard” means a permanent structure used for the display of off-site commercial messages.

“Building frontage” means the building elevation that fronts on a street, alley, driveway, parking area, pedestrian plaza, walkway, courtyard, arcade, or waterway.

“Building frontage, primary” means the building frontage that is designated by an applicant as the “primary frontage” for the purpose of determining the applicable sign standards and that does not face a residential district.

“Building frontage, secondary” means the building frontage that is designated by an applicant for a sign permit as a “secondary frontage” for the purpose of determining the applicable sign standards, and that does not immediately face a residential zoning district.

“Building marker” means a sign indicating the name of a building and date and incidental information about its construction, which is cut into a masonry surface or made of bronze or other permanent material.

“Building sign” means a sign attached to or painted on a building.

“Cabinet sign” means a sign that has one or more plastic, acrylic, or similar material faces (panels) that may or may not be internally illuminated. The sign panels may be either flat or shaped (pan face) and are attached to a metal frame (cabinet).

“Canopy sign” means a sign located on a permanent roof-like structure or canopy of rigid or fabric materials extending from the main entrance of a building.

“Changeable copy sign (electronic)” means a sign with changeable copy that is changed by incorporating video display, flip-disks, incandescent lamps, fluorescent lamps, fiber optics, light-emitting diodes, liquid crystal displays, plasma displays, field emission displays, or any other mechanical or light-emitting matrix to convey changing copy or images. Also considered an animated sign.

“Changeable copy sign (manual)” means a sign with changeable copy that is manually changed, regardless of method of attachment or materials of construction. This classification includes bulletin boards and changeable copy signs on marquees. Does not include electronic message boards with lighted displays.

“Commercial mascot” means humans or animals used as advertising devices for commercial establishments, typically by the holding or wearing of insignia, masks or costumes associated with or advertising the commercial establishment (e.g., sign twirlers, sign clowns).

“Commercial message” means a message displayed on a sign that relates primarily to economic interests (e.g., the exchange of goods or services). This definition shall also include any court rulings defining the term “commercial speech.”

“Construction project sign” means a temporary sign displayed on the site of a construction project during the period of construction that provides information about the project, which may contain the names of architects, landscape architects, engineers, and contractors working on the project, future tenants, finance institutions, real estate representatives, and similar persons/organizations involved in the project begins with the issuance of a building permit, or its functional equivalent, and ends with the issuance of the earliest of the following: a certificate of completion, a certificate of occupancy, a final inspection sign-off, or the functional equivalent of any of them.

“Copy” means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

“Directional sign” means an on-premises sign giving directions, instructions, or facility information of an establishment but no advertising copy, e.g., parking or exit and entrance signs.

“Directory sign” means a sign listing the tenants or occupants of a building or building complex.

“Display surface” means the area made available by the sign structure for the purpose of displaying the advertising message.

“Double-faced sign” means a sign designed with the intent of providing copy on both sides.

“Electrical raceway” means a utilitarian metal channel used for the electrical components of an illuminated sign; and not designed as an architectural feature.

“Establishment” means a legal, nonresidential use of land to conduct a commercial or noncommercial activity. By way of example and not limitation, “establishment” includes stores, offices, churches, hospitals, manufacturing facilities, etc. Does not include home-based occupations or hobbies.

“Externally illuminated sign” means a sign illuminated from an exterior light source.

“Facade” means the entire building elevation, including the parapet.

“Face of sign” means the area of a sign on which the copy is placed.

“Fascia” means, typically, the smooth wall surface between a window and the parapet.

“Flag” means a rectangular piece of fabric of distinctive design that is used as a symbol, as a signage device, or as a decoration.

“Freestanding sign” means a sign supported permanently upon the ground by a structure and not attached to a building. This includes pylon signs, blade signs, and ground-mounted signs (monument signs).

“Frontage, street” means the length of the property line of a lot along a right-of-way on which it borders.

“Fuel price sign” means a sign containing prices and grades of fuel for sale at a service station.

“Future tenant sign” means a sign identifying a building tenant or occupant that has not yet occupied the building or opened its establishment.

“Illegal sign” means a sign that does not meet the requirements of this chapter and that is not a legal nonconforming sign.

“Illuminated sign” means a sign with an artificial light source for the purpose of decorating, outlining, accentuating, or brightening the sign area.

“Incidental sign” means a small sign, emblem, or decal informing the public of the facilities, trade affiliation, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business or presence of parking.

“Indirectly illuminated sign” means a sign whose illumination is derived entirely from an external artificial source that is arranged to illuminate the sign area only.

“Inflated display sign” means a three-dimensional object filled or activated by moving or nonmoving air or other gas, located, attached, or tethered to the ground, site, merchandise, structure, or roof and used as a sign or to attract attention. This definition does not include inflated gymnasium devices commonly used for children’s parties.

“Innovative sign” means a sign that incorporates design elements, objects, shapes, materials or techniques that may cause the sign to not conform to certain dimensional or placement requirements of this Code, approval of which is subject to meeting the objective criteria described in Section 20.42.130 (Innovative Sign Program).

“Internally illuminated sign” means a sign illuminated from an interior light source contained within the sign cabinet.

“Logo” means a sign consisting of a trademark or symbol used to identify a business.

“Luminous tube signs” means a sign that consists of or is illuminated by exposed electrically charged gas-filled tubing (e.g., neon and argon signs), or by fiber optics.

“Monument sign” means a freestanding sign supported by a solid architectural element at its base.

“Mural” means an artistic image or design painted or affixed to the exterior surface of a structure that does not contain a commercial or noncommercial text or message.

“Nameplate” means a sign indicating the name and/or address of a building or occupant.

“Noncommercial message” means a sign message that is not commercial in nature. This definition shall automatically incorporate court rulings defining the term “noncommercial speech.”

“Nonconforming sign” means a sign, outdoor advertising structure, or display that was originally lawfully erected and maintained, but which does not conform to the current standards of this chapter or is now prohibited. Signs that do not conform with the current standards of this chapter or are now prohibited but were erected in compliance with an approved variance. Modification permit, conditional use permit and/or the comprehensive sign program do not fall within the definition of nonconforming signs.

“Off-site message” means a message on a sign that advertises a business, accommodation, service, or activity not provided on the premises on which the sign is located. This classification includes billboards. The off-site/on-site distinction applies only to commercial messages.

“On-site message” means a message on a sign advertising the business, accommodations, services, or activities provided on the premises on which the sign is located. The off-site/on-site distinction applies only to commercial messages.

“Painted wall sign” means a sign that is applied with paint or similar substance on the surface of a wall, including fences.

“Parapet” means the extension of a false front or wall above a roofline.

“Pedestrian sign” means a sign designed to be viewed at a pedestrian level.

“Permanent sign” means a sign designed with durable materials and intended to be used in excess of sixty (60) days per calendar year.

“Pole sign” means a sign that is supported by a single pole or similar support structure so that the bottom edge of the sign is one foot or more above grade.

“Portable sign” means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.

“Projecting sign” means a sign that projects from and is supported by a wall of a building.

“Projection” means the distance by which a sign extends from the building it is supported by.

“Projector sign” means a sign that is projected onto a surface using an intense source of illumination to project the image.

“Promotional temporary banner” means a temporary sign or banner displayed by an establishment to advertise temporary events (e.g., sales, seasonal events, liquidation sales, and going-out-of-business sales).

“Public service sign” means signs of utilities or other publicly regulated service providers indicating danger, and similar aids to service or safety, including official advisory and signal flags.

“Pylon sign” means a sign that is supported by two or more uprights, poles, or braces in or upon the ground that are not a part of a building or enclosed within the exterior walls of a building and are separated from any other structures by a distance of at least six inches. This includes a sign that is supported by two or more poles that are surrounded by a decorative cover to form one solid sign support.

“Real estate sign” means a sign advertising real property for sale, exchange, lease, or rent, but not including signs advertising transient occupancy (e.g., hotel or motel accommodations).

“Residential name or identification sign” means a sign identifying the name or address of a residence and/or its occupants.

“Restaurant menu sign” means menus displayed on the exterior premises of a restaurant, visible from the public right-of-way.

“Rider” means a small sign attached to a larger sign and intended to convey information not conveniently incorporated into the text of the larger sign.

“Roof line” means the top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections.

“Roof sign” means a sign erected upon or above a roof of a building.

“Sign” means any device, fixture, placard or structure, including its component parts, that draws attention to an object, product, place, activity, opinion, person, establishment, institution, organization, or place of business, or that identifies or promotes the interests of any person and that is to be viewed from any public street, road, highway, right-of-way or parking area.

The following are not within the definition of “sign” for regulatory purposes of this chapter:

1.    Interior Signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof or located at least five feet from the window, provided the building or enclosed structure is otherwise legal;

2.    Architectural Features. Decorative or architectural features of buildings (not including lettering, logos, trademarks, or moving parts);

3.    Symbols Embedded in Architecture. Symbols of noncommercial organizations or concepts, including religious or political symbols, when these are permanently integrated into the structure or a permanent building that is otherwise legal; also includes foundation stones, corner stones and similar devices;

4.    Manufacturers’ Marks. Marks on tangible products that identify the maker, seller, provider or product, and that customarily remain attached to the product even after sale;

5.    Fireworks and Other Lights. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter;

6.    Newsracks or newsstands;

7.    Legally required information, including public notices, registration, or licensing information, etc.;

8.    Murals.

“Sign structure” means the sign and the supports, uprights, braces, and framework of the sign.

“Super graphic” means images, graphic elements, and logos, including required corporate logos that are affixed to or painted on a structure that may not be the textual portion of a sign.

“Temporary sign” means a sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, fabric, cardboard, wall board, or other light nondurable materials, with or without frames, designed to be displayed for a limited period of time.

“Tenant frontage” means that portion of a multi-tenant building facade that is devoted to a single tenant.

“Valance” means the part of an awning that hangs vertically down from the shed (sloped) portion of an awning.

“Vehicle sign” means a sign painted, affixed, or placed upon a vehicle or trailer that is designed to be towed behind a vehicle. On street legal vehicles, the following insignia are not considered to be vehicle signs, and are not regulated as vehicle signs:

1.    License plates;

2.    License plate frames;

3.    Registration insignia;

4.    Noncommercial messages painted on or otherwise attached in a manner so that the vehicle can be legally operated on public rights-of-way, or any noncommercial message that does not exceed a total of three square feet in size;

5.    Messages on a vehicle the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised by the messages on the vehicle; provided, that the messages are painted or otherwise attached in a manner so that the vehicle can be operated on public rights-of-way;

6.    Commercial messages that do not exceed a total of three square feet in size; and

7.    Commercial messages on duly licensed mass transit vehicles that pass through the City.

“Wall sign” means a sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall.

“Window sign” means a sign that is applied or attached to a window or located within five feet of the inside of a window in a manner so that it can be seen from the exterior of the structure. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The following signs and sign types shall be prohibited throughout all zoning districts of the City.

A.    Painted Signs. Painted signs on fences or roofs except addresses.

B.    Hazardous Location. Signs located in a manner that the sign or a portion of the sign or sign supports interfere with the free use of a fire escape, exit or standpipe, or obstruct a required door, stairway, ventilator, window, or public way or are otherwise hazardous.

C.    Signs with Off-Site Commercial Messages. Signs shall not advertise a business, accommodation, service or activity not provided on the premises on which the sign is located. The off-site/on-site distinction shall only apply to commercial messages.

D.    Beams of Light. No person shall erect or maintain any device that directs a beam of light, including klieg lights and searchlights, in a flashing sequence toward any street or highway, nor shall any person erect or maintain any illuminated sign or similar device that interferes with the visibility of any official traffic control device or warning signal.

E.    Luminous Tube Lighting (e.g., Neon, Rope Lighting). Luminous tube lighting shall not be used to outline or frame doors and/or windows.

F.    Prohibited sign types:

1.    A-frame signs (except as permitted in commercial districts in Corona del Mar);

2.    Animated signs;

3.    Changeable copy signs, except as a component of another type sign allowed through the comprehensive sign program;

4.    Commercial mascots;

5.    Inflated display signs;

6.    Pole signs;

7.    Roof signs, unless a variance is granted; and

8.    Vehicle signs, subject to the definition of vehicle signs in Section 20.42.040 (Definitions). (Ord. 2014-17 § 1, 2014; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Compliance Required. No person shall erect, re-erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure, or paint a new wall sign, in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code.

B.    Uncertainty of Chapter Provisions. The Commission shall have the authority to interpret the provisions of this chapter at the request of the Director, or when an appeal for a decision of the Director is filed with the Commission.

C.    Sign Construction. All signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable, weatherproof materials. No material more combustible than treated wood shall be used in the construction of any permanent sign.

D.    Sign Area Computation.

1.    The allowed sign area for a building sign is calculated by first determining if the sign is to be placed on a “primary” or “secondary” building/tenant frontage (as defined in this chapter) and then referring to the tables in Section 20.42.070 (Standards for Permanent Signs). The allowed sign area for a freestanding sign is determined by the number of linear feet of the street frontage where the sign is to be placed in compliance with the tables in Section 20.42.070.

2.    The entire area contained within the frame, cabinet, fixture, or design including all ornamentation, super graphics, or other decoration used to attract attention that can be enclosed in no more than four lines drawn at right angles shall be included in the measurement of sign area. In the case of “skeleton” or “cut-out” letters or signs placed on a wall without any borders, the sign area shall be the sum of the area of all letters, words, logos, or symbols within a single continuous perimeter with no more than four lines drawn at right angles (square or rectangle). (See illustration below.)

3.    Only one face of a double-faced sign shall be counted in computing the permitted area of the sign. Double-faced (back-to-back) signs shall be regarded as a single sign when the sign is mounted on a single structure, and the distance between each sign face does not exceed two feet at any point. If the sign is multifaced, then each face shall be counted in computing the permitted area of the sign.

4.    Supporting framework or bracing that is clearly incidental to the sign shall not be computed as sign area.

5.    Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. Signs may not contain three-dimensional objects that exceed a projection of six inches from the sign face, unless the signs are allowed as part of an approved innovative sign program.

E.    Sign Height Measurement. The height of a sign shall be measured from the highest part of the sign, including any decorative features, to the grade of the adjacent street or the surface grade beneath the sign, whichever the Director determines is appropriate given the physical characteristics of the site.

F.    Maximum Letter/Logo Height. The maximum height of any letter, text, logo, or symbol shall be thirty-six (36) inches.

G.    Sign Removal or Replacement. When a sign is removed, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the building.

H.    Illuminated Signs and Lights. The following standards shall apply to all illuminated signs:

1.    Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face.

2.    Signs may be internally or externally illuminated. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and/or a registered trademark or logo.

3.    The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will create a negative impact on residential properties in direct line of sight to the sign including signs that face Newport Bay.

4.    Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

5.    Reflective-type bulbs and incandescent lamps that exceed fifteen (15) watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property.

6.    Light sources shall utilize energy-efficient fixtures to the greatest extent possible.

7.    Each illuminated sign shall be subject to a thirty (30) day review period, during which time the Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming of any illumination found to be excessively bright. The Director’s determination will be made without regard to the message content of the sign. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Tables 3-15, 3-16 and 3-17 provide regulations for permanent signs in residential, nonresidential, institutional, and open space zoning districts. References in the last column provide additional regulations for specific sign types located elsewhere in this chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence.

A.    Signs Allowed in Residential Zoning Districts.

B.    Signs Allowed in Commercial, Industrial Zoning Districts.

(1)    The number of allowed building-mounted signs is one per primary frontage and one per secondary frontage. Building signs include wall, projecting, window, and awning signs. All other signs (i.e., pedestrian-oriented signs, entry canopy signs, multi-tenant directory signs, and temporary signs) are not included in this restriction.

(2)    Wall signs are allowed for multi-tenant buildings for second story occupancies with exterior entrances.

C.    Signs Allowed in Open Space, PI, and PF Zoning Districts.

(1)    The number of allowed building-mounted signs is one per primary frontage and one per secondary frontage. Building signs include wall, projecting, window, and awning signs. All other signs (i.e., pedestrian-oriented signs, entry canopy signs, multi-tenant directory signs, and temporary signs) are not included in this restriction.

(2)    Wall signs are allowed for multi-tenant buildings for second story occupancies with exterior entrances.

(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Awning Signs.

1.    Lettering, logos, symbols, and graphics are allowed on up to fifty (50) percent of the area of a shed (slope) portion of the awning and valance portion of the awning. Signs shall be applied flat against the awning surface. In the case of a barrel shaped (curved) awning, signs shall not occupy more than sixty (60) percent of the bottom twelve (12) inches of the awning.

2.    Only permanent signs that are an integral part of the awning shall be allowed. Temporary signs shall not be placed on awnings.

3.    Awning signs shall be allowed for first and second story commercial occupancies only.

4.    Awnings shall conform to the size and shape of the window or door they are above. Overly large awnings and awnings with unusual shapes designed for the purpose of providing additional sign area are not allowed. The uppermost part of an awning shall not be located more than two feet above a window or door.

5.    Awnings shall not be lighted from under the awning (back-lit awning) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed.

6.    A minimum of eight feet of clearance shall be provided between the lowest part of an awning and the grade below.

B.    Changeable Copy Signs. A sign that contains a changeable copy element may be permitted through the approval of a comprehensive sign program in compliance with Section 20.42.120 (Comprehensive Sign Program), provided the changeable copy element is a component of another sign type permitted under the provisions of this chapter. Approval shall not be based on message content.

C.    Freestanding Signs.

1.    Freestanding signs include ground-mounted signs (monument) and pylon signs, which may either have a solid base or a base comprised of two legs. If legs are provided, the proportional dimensions of the sign shall comply with the requirements of subsection (C)(3)(c) of this section.

2.    Freestanding signs shall be allowed only for lots with at least fifty (50) feet of frontage adjoining a public street. In addition, pylon signs are only allowed when a building is set back from the front property line a minimum of forty (40) feet.

3.    Freestanding signs shall not exceed the following maximum height dimensions and shall not exceed the proportional dimensions provided below:

a.    Pylon sign: maximum height = twenty (20) feet.

b.    Monument sign: maximum average height = six feet; maximum overall height = eight feet, including decorative elements and architectural features.

c.    Proportional dimensions shall be as follows:

4.    Freestanding signs shall be set back a minimum of five feet from a street or interior property line and a minimum of ten (10) feet from the edge of a driveway.

5.    To ensure the readability of freestanding signs, the minimum letter size allowed shall be six inches. Sign copy shall not be located closer than one-half letter height to the sign edge or other line of copy.

6.    There shall be a minimum of fifty (50) feet between freestanding signs on adjoining sites to ensure adequate visibility for all signs.

7.    Freestanding signs shall be a minimum of fifty (50) feet from a lot line of any residentially zoned property.

8.    Freestanding signs shall not project over any building, or over any on-site driveway or vehicle circulation area.

9.    The supporting structure of a pylon sign shall not include exposed metal pole(s), but shall be surrounded by a decorative cover that is architecturally compatible with the sign cabinet and the architectural character of buildings on the site.

10.    Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or seventy-five (75) square feet, whichever is greater. For example, forty (40) sq. ft. of sign area equals eighty (80) sq. ft. of landscaped area. The Director may waive or modify this requirement on a case-by-case basis to take into account existing conditions.

11.    Freestanding signs shall contain an address plate identifying the subject property. Numbers shall be a minimum of six inches in height and shall be clearly visible from the public right-of-way. Address plates shall not be calculated against the allowed sign area. (See following illustration.)

Ground Sign with Appropriate Address

D.    Luminous Tube Signs. The use of luminous tubes for signs shall be allowed in commercial zoning districts only subject to the following requirements:

1.    Luminous tube signs shall be UL (Underwriters Laboratories) listed with a maximum thirty (30) milliamps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the sign;

2.    The manufacturer shall be registered with Underwriters Laboratories;

3.    Tubing shall not exceed one-half inch in diameter;

4.    Luminous tube lighting adjacent to residential uses shall not exceed one-half footcandle measured at the property line;

5.    Luminous tubes shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly glazed tiles, or other similar materials); and

6.    Luminous tube lighting that surrounds a window, door, or similar element is not allowed.

E.    Pedestrian-Oriented Signs.

1.    Signs may be placed perpendicular to the building facade (projecting) or mounted flat against the wall near the building entrance.

2.    Supporting arms or frames for projecting signs shall be of a decorative design compatible with the design of the sign.

3.    Double-faced projecting signs shall be considered a single-faced sign for the purpose of calculating sign area.

F.    Projecting Signs.

1.    Signs shall not project more than five feet over public property and shall not project to within two feet of the curb line. The distance any sign may project over public property or beyond a required setback line shall be as follows:

Maximum Sign Projection

2.    The thickness of any portion of a sign that projects over public property or beyond a setback line shall be as follows:

3.    Maximum sign area shall be twenty (20) square feet for a primary frontage and ten (10) square feet for a secondary frontage.

4.    Projecting signs shall provide a minimum vertical clearance of eight feet above the surface over which they project.

5.    Projecting signs shall not project into an alley or parking area more than thirty-six (36) inches and shall not be less than fourteen (14) feet above the surface where vehicles are allowed.

6.    Internally illuminated projecting signs shall have opaque face panels so that only the letters, number, symbols, or logos appear illuminated.

7.    Projecting signs shall not be closer than ten (10) feet to another projecting sign or to a freestanding sign or five feet from an interior property line or line dividing two separate business frontages.

8.    Projecting signs shall not project above an apparent eave or parapet, including the eave of a mansard or simulated mansard roof or above the bottom of a third-story window.

G.    Projector Signs.

1.    A projector sign shall project only upon the property occupied by the associated use or the public right-of-way within ten (10) feet of the building occupied by the use.

2.    The sign area of the projector sign shall be included within the overall allowed sign area for the use.

3.    Illumination from the projector mechanism shall not pose a hazard for pedestrians or motorists and shall be screened from view to the maximum extent feasible.

H.    Signs on Architectural Projections. The following regulations apply to signs that are located on, attached to, or are an integral part of a projecting architectural feature (e.g., canopy) located not more than fifteen (15) feet above street level:

1.    Signs may be erected on top of an architectural projection, provided the sign is comprised of three-dimensional letters only that do not exceed eighteen (18) inches in height. No internal illumination is allowed;

2.    Signs may be attached to the face of an architectural projection, provided the sign does not exceed a maximum thickness of ten (10) inches as measured from the face of the sign to the outer face of the architectural projection and that the letters do not exceed a height of eighteen (18) inches. No internal illumination is allowed;

3.    The maximum sign area for signs mounted on architectural projections shall be included with other permitted signs identified in Table 1; and

4.    Signs may be placed below and may be supported by an architectural projection, provided the sign shall not exceed four feet in length and sixteen (16) inches in height. Internally illuminated signs are not allowed. Signs shall not be less than eight feet above the sidewalk and shall be placed perpendicular to the face of the building.

I.    Wall Signs.

1.    Signs shall be located only on a designated building frontage and shall not extend above an eave or parapet or above or below a fascia on which they are located.

Appropriate Wall Sign Location

Not Allowed

2.    Signs located on adjacent walls on the same building shall be separated by a minimum of thirty (30) feet measured along the exterior walls of the building.

Required Separation of Wall Signs

3.    Signs may be either internally or externally illuminated. Internally illuminated cabinet signs shall comply with the provisions of Section 20.42.060(H) (Illuminated Signs and Lights).

4.    Electrical raceways shall be integrated with the overall design of the sign to the greatest degree. Raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed.

5.    Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than twelve (12) inches.

6.    Signs shall be located within the middle fifty (50) percent of the building or tenant frontage measured from lease line to lease line. The Director may waive this requirement where it can be clearly demonstrated that it severely limits proper sign placement.

Appropriate Wall Sign Location

7.    Signs attached to the sloping face of hipped/sloped roofs, mansard overhangs, or similar architectural features intended to resemble or imitate roof structures shall require approval of a modification permit.

J.    Window Signs, Permanent and Temporary.

1.    Window signs, including permanent and temporary signs, shall not occupy more than twenty (20) percent of the total window area on either a designated primary or secondary building frontage. For the purpose of this requirement, a “window” is any glazed area, including glass curtain walls.

2.    Signs shall be allowed only on windows located on the ground floor and second story of either a designated primary or secondary building frontage.

3.    Signs shall be permanently painted or mounted on the inside of windows and doors except for allowed temporary signs.

4.    Signs within five feet of a storefront window shall be counted as window signs for the purpose of calculating total sign area and number of signs.

K.    Miscellaneous Signs.

1.    Business Directory Signs. Multi-tenant buildings are allowed tenant directory signs with a maximum area of eight square feet each. No illumination is allowed.

2.    Menu Boards. Food service uses with drive-through facilities shall be allowed a maximum of two menu board signs with a maximum of forty-eight (48) square feet each.

3.    Service Station Signs. The following regulations shall be applicable to service stations, in addition to all other provisions of this chapter.

a.    General.

i.    Signs shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer.

ii.    Instructional and warning signs and signs required or authorized by State or Federal law shall be exempt from the provisions of this section.

b.    Ground Signs.

i.    Number. One per site.

ii.    Area. Not to exceed twenty (20) square feet; thirty-six (36) square feet when combined with a fuel price sign.

iii.    Height. Not to exceed four feet.

iv.    Additional Regulations. Ground signs shall be located in a landscaped planter with a minimum area equal to the area of the sign.

c.    Fuel Price Signs.

i.    Number. One per street frontage.

ii.    Area. Twelve (12) square feet per sign.

iii.    Height. Not to exceed four feet.

iv.    Additional Regulations.

(A)    Separate fuel price signs shall only be permitted in lieu of the thirty-six (36) square foot combined ground sign/fuel price sign permitted in this subsection.

(B)    Fuel price signs shall advertise the price and grade of fuel only and no other advertising shall be permitted unless in conjunction with a monument as provided in this section.

(C)    Fuel price signs shall be located in a landscaped planter with a minimum area equal to the area of the sign.

d.    Wall Signs.

i.    Number. One per building frontage.

ii.    Area. The area of a wall sign shall not exceed one square foot for each lineal foot of building frontage.

iii.    Length. The length of a wall sign may be up to fifty (50) percent of the building frontage, not to exceed thirty (30) feet.

e.    Canopy Signs.

i.    Type. Signs on service station canopies shall be limited to logos only.

ii.    Number. One canopy sign per street frontage.

iii.    Area. The area of a canopy sign shall not exceed six square feet.

iv.    Additional Regulations. Canopy signs shall not extend beyond the gable or fascia board of the canopy.

f.    Service Island Signs. One sign, not exceeding four square feet, shall be permitted on or in front of each end of a service island to identify methods of sale (i.e., self-serve or full-serve).

g.    Window Signs.

i.    Number. One per window.

ii.    Area. No permanent window sign shall cover more than twenty (20) percent of the visible window area.

iii.    Materials. Permanent window signs shall be applied directly to the window surface.

h.    Temporary Signs. Refer to Section 20.42.090 (Standards for Temporary Signs). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Number, Size, and Duration. Table 3-18 provides standards under which temporary signs are allowed. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. However, combinations of permanent and temporary window signs shall not cover more than twenty (20) percent of any window. References in the last column provide additional regulations for specific sign types located elsewhere in this chapter. In the case of an inconsistency between regulations provided in the table and regulations provided for general or specific sign types, the general regulations or regulations for specific sign types shall take precedence.

B.    Placement of Temporary Signs.

1.    Signs are allowed on private property only and shall not be placed in public rights-of-way or at off-site locations.

2.    Signs may be placed only on building frontages in locations where permanent signs are allowed.

3.    Sign shall not be attached to temporary structures, except restaurant menu signs, which may be attached to easel-like structures, and A-frame signs.

C.    Illumination Prohibited. Signs shall not be illuminated.

D.    Durable Materials Required. Signs shall be constructed of durable material suitable to their location and purpose.

E.    Removal of Signs. Temporary signs and their components shall be promptly removed at the expiration of the temporary sign permit.

F.    Real Estate Signs.

1.    Residential Districts.

a.    Real estate signs are permitted, on a temporary basis, in residential zoning districts, subject to the criteria provided in this subsection.

i.    In all residential zoning districts and PC Districts that provide for residential uses, but do not contain specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following:

(A)    One sign per lot except as provided in subsections (F)(1)(a)(i)(E) and (F) of this section;

(1)    The sign shall not exceed two hundred sixteen (216) square inches (one and one-half (1.5) square feet);

(2)    The sign may have one rider not to exceed ninety-four (94) square inches;

(3)    The sign may include one brochure box not to exceed one hundred fifty-four (154) square inches. For purposes of this section, a “brochure box” means a plastic or metal container designed to hold brochures or flyers describing or advertising the real property for sale, lease, rent, or exchange; and

(4)    The overall height of the installed sign, rider, and brochure box shall not exceed four feet above ground unless the sign is mounted flush to a wall;

(B)    The sign shall be placed on the lot for sale, lease, rent, or exchange and shall not be installed in a manner that creates a hazard for traffic or pedestrians;

(C)    No flags, pennants, balloons, or other attention attracting devices shall be displayed;

(D)    The sign shall be removed immediately after the sale, lease, or rental of the property has been consummated;

(E)    One additional real estate sign may be posted during the time an owner or owner’s agent is on the premises and the premises are open for inspection, subject to the following:

(1)    The sign shall not exceed two hundred sixteen (216) square inches (one and one-half (1.5) square feet) and riders are not permitted;

(2)    The sign shall not be installed in medians or anywhere within the traveled way of any street or highway, nor installed in a manner that creates a hazard to traffic or pedestrians; provided, however, the sign may be installed on or in a vehicle parked on the street adjacent to the property for sale, lease, rent or exchange if there is no feasible way of installing the sign on private property due to absence of front setback area or other conditions; and

(3)    The overall height of the sign shall not exceed four feet above ground unless the sign is installed on a vehicle as provided in subsection (F)(1)(a)(i)(E)(2) of this section; or other conditions exist that require the sign to exceed four feet to be reasonably visible from the street; however, in no event shall the sign be higher than necessary to be reasonably visible from the street;

(F)    In addition to the real estate sign permitted in subsection (F)(1)(a)(i)(E) of this section, three off-site signs are permitted when the owner or owner’s agent is on the premises and the premises are open for inspection, subject to the following:

(1)    Each off-site real estate sign shall not exceed two hundred sixteen (216) square inches (one and one-half (1.5) square feet) and riders are not permitted;

(2)    The overall height shall not exceed four feet above ground;

(3)    The sign shall not be installed before 8:00 a.m. and shall be removed no later than sunset; and

(4)    The sign shall not be installed in medians or anywhere within the traveled way of any street or highway, nor installed in a manner that creates a hazard to traffic or pedestrians. The sign shall not be attached to any public property.

b.    New Properties First Sale. Residential properties shall be permitted one real estate sign not exceeding twenty (20) square feet in area that advertises the first sale of structures and/or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map.

2.    Nonresidential Zoning Districts. Commercial and industrial properties shall be allowed one temporary real estate sign not exceeding twenty (20) square feet in area that advertises the sale, rental or lease of the premises upon which the sign is located. Permanent installations of real estate signs shall be subject to the sign standards for permanent signs in this chapter for commercial, office, and industrial zones.

G.    A-Frame Signs. A-frame signs shall be allowed in commercial zoning districts in Corona del Mar (see Area Map A-4) only, subject to the following regulations:

1.    Number. One A-frame sign per tenant space.

2.    Location.

a.    All A-frame signs shall be located on the property of the business. A-frame signs shall be located within ten (10) feet of the primary entrance of the business or of a pedestrian plaza, courtyard, or arcade, provided they do not interfere with pedestrian ingress or egress as required by the Building Code or Fire Code.

b.    A-frame signs shall not be located within landscaped areas.

3.    Separation. A minimum distance of three feet shall be maintained from any other A-frame sign or portable sign.

4.    Area. Not to exceed ten (10) square feet.

5.    Height. Not to exceed forty-eight (48) inches.

6.    Duration. A-frame signs shall be utilized only during regular business hours and shall be removed during non-business hours.

7.    Additional Regulations.

a.    No illumination is allowed.

b.    No flags, pennants, balloons, or other attention attracting devices shall be displayed.

c.    No A-frame sign shall have more than two sign faces.

d.    A-frame signs may have rewritable surfaces, such as chalkboards or dry-erase boards; the use of paper or cloth is not permitted unless located within a glass or plastic enclosure.

e.    A-frame signs shall be designed so as to remain upright in a moderate wind.

f.    In compliance with Section 20.30.130 (Traffic Safety Visibility Area), A-frame signs shall be located so as not to impede vehicular sight distance.

g.    A-frame signs shall not obstruct parking spaces or vehicle maneuvering areas. (Ord. 2014-17 §§ 2—4, 2014; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Sign Permits.

1.    Sign Permit Required (Including Temporary Signs).

a.    To ensure compliance with the regulations contained in this chapter, a sign permit shall be required in order to erect, move, alter, change copy on, or reconstruct any permanent or temporary sign or sign structure except for signs exempt from permits in compliance with subsection (B) of this section.

b.    Sign permits are also required for signs approved through a comprehensive sign program as provided in Section 20.42.120. An application for a sign permit shall be made in writing on standard official forms furnished by the Department.

2.    Review Authority. Sign permits, including those for temporary signs, shall be issued under the direction of the Director when they comply with the provisions of this chapter. The Director shall review all sign permit applications for conformance with the provisions of this chapter.

a.    For signs that comply with the provisions of this chapter and do not require discretionary review:

i.    The Director shall issue or deny the permit to the applicant within ninety (90) days from the receipt of a complete application and the applicable fees;

ii.    If the application is denied, the Director shall notify the applicant with the reason(s) stated for denial. Notification shall be sent first class United States mail to the address provided on the license application that shall be considered the correct address. Each applicant has the burden to furnish any change of address to the Director, by United States certified mail, return receipt requested; and

iii.    In the event an application is denied, the applicant may appeal the Director’s decision in compliance with the provisions of Chapter 20.66 (Appeals).

b.    Annual Approval of Promotional Temporary Sign Permit. The Director may approve a temporary sign permit for a temporary promotional banner on an annual basis that allows the applicant to tailor the duration and the number of days allowed under the permit to meet the particular needs of the establishment as long as the total number of days that the sign is allowed does not exceed sixty (60) days per calendar year.

B.    Exemptions to Sign Permit Requirement. Sign permits shall not be required for the signs exempted in this section. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site or project. However, exempted signs shall be required to adhere to the regulations established for each sign type. Signs erected without complying with the applicable regulations are considered illegal and may be removed in compliance with Section 20.42.160 (Illegal Signs).

1.    On-Site, Nonilluminated Signs. The following on-site, nonilluminated signs shall not require issuance of a sign permit:

a.    Accessory Signs. Small window signs indicating hours of operation or that an establishment is “Open” or “Closed” for business, limited to a maximum of two square feet in area for all accessory signs. No more than three signs per establishment frontage. Accessory window signs shall not be included in permanent window sign area calculations, except if illuminated.

b.    Building Markers. Commemorative plaques, tables, date of construction, and similar signs when carved in stone, concrete, or similar materials or made of bronze, aluminum, or other similar permanent material. Signs shall not exceed two square feet in area.

c.    Bulletin Boards. Bulletin boards for any legal, noncommercial establishment, when located on the premises of the establishment and not over twelve (12) square feet in area.

d.    Construction Project Signs. Subject to the limits on size and display duration of Section 20.42.090 (Standards for Temporary Signs), Table 3-18 (Temporary Signs).

e.    Change of Copy. Changing the copy in changeable copy signs in existence as of the date of adoption of this chapter, or approved through the comprehensive sign program.

f.    Flags. Flags bearing noncommercial messages or graphic symbols, and flags bearing on-site commercial messages or graphic symbols, shall not require the issuance of a sign permit, subject to the following restrictions:

i.    Flags bearing commercial messages shall not be displayed in residential zones;

ii.    A maximum of three flags may be displayed on any single lot. However, only one flag bearing an on-site commercial message may be displayed on each lot in nonresidential zones; and

iii.    No single flag shall exceed forty (40) square feet in area. The aggregate area of all flags displayed on any single lot shall not exceed seventy-two (72) square feet. For purposes of determining flag size, only one side of the flag shall be counted as a display surface.

g.    Gasoline Pump Signs. Shall be consistent with Section 20.42.080(K)(3) (Service Station Signs).

h.    Government Signs. A sign erected by a Federal, State, County, agency, or the City.

i.    Holiday Window Painting. Signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All signs and/or decorations shall be removed within ten (10) days following the applicable holiday.

j.    Incidental Signs. Signs or notices that are incidental to an establishment (e.g., hours of operation, credit card information, emergency contact information, etc.), provided the signs do not exceed four square feet in area for all of the signs.

k.    Official Signs. Official and legal notices required by a court or governmental agency.

l.    Portable Parking Lot and Valet Parking Signs. One freestanding portable sign at each parking lot entrance limited to ten (10) square feet (two feet by five feet) in area. Sign shall not cause hazard to driver visibility or pedestrian movement. Subject to the approval of a valet parking plan.

m.    Public Service Signs. Signs of utilities or other publicly regulated service providers indicating danger, and aids to service or safety, including official advisory and signal flags.

n.    Real Estate Window Listing. A real estate office may place its listing(s) in a front window, provided the gross area occupied by the listing(s) does not cover more than fifty (50) percent of the window.

o.    Residential Signs. Up to three noncommercial signs, with a maximum total sign area of six square feet and a maximum height of four feet.

p.    Restaurant Menu Signs. Restaurant menu signs not exceeding four square feet.

q.    Site Address. Limited to one per street frontage subject to the following standards:

i.    The total aggregate sign area shall not exceed seventy-two (72) square inches. Individual numbers and letters shall not exceed a height of eight inches.

ii.    The sign shall be placed in an area adjacent to or near the primary entrance of the structure or property frontage and face the street curb in front of the structure.

r.    Temporary Real Estate Signs. Real estate signs in compliance with Section 20.42.090(F) (Real Estate Signs).

s.    Vehicle-Oriented Directional Signs. Signs solely for the purpose of guiding traffic, parking, and loading on private property subject to approval by the Public Works Department. One safety or directional sign for each vehicle entry to a site with a maximum area of three square feet per sign. Maximum sign height shall be four feet. Additional signs may be allowed with approval of a comprehensive sign program.

t.    Personal Property Sale Signs. Subject to the limits on size and display duration of Section 20.42.090 on Table 3-18 (Standards for Temporary Signs).

u.    A-Frame Signs. A-frame signs in compliance with Section 20.42.090(G) (A-Frame Signs).

2.    Routine Maintenance. Painting, repainting, or cleaning of a sign shall not be considered erecting or altering a sign, and therefore shall not require a sign permit, unless structural changes are made.

C.    Revocation of Sign Permit. The Department may, in writing, suspend or revoke a sign permit issued under the provisions of this chapter if the permit was issued on the basis of a material omission or misstatement of fact, or in violation of any ordinance or any of the provisions of this chapter. (Ord. 2014-17 § 5, 2014; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Applicability. The Zoning Administrator may grant a modification permit in compliance with the provisions of Section 20.52.050 (Modification Permits) to allow deviations to the height, location, number, and area of signs.

B.    Appeals. Actions of the Zoning Administrator may be appealed to the Commission in compliance with the provisions of Chapter 20.64 (Appeals). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. The purpose of a comprehensive sign program is to integrate all of a project’s signs, including a project identification sign, with the overall site design and the structures’ design into a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this chapter.

B.    Applicability. The approval of a comprehensive sign program shall be required whenever any of the following circumstances exist.

1.    Whenever three or more separate tenant spaces are created or proposed on the same lot;

2.    Whenever three or more nonexempt signs are proposed for a single-tenant development;

3.    Whenever signs are proposed to be located on or above the second story on a multi-story building;

4.    Whenever a structure has more than three hundred (300) linear feet of frontage on a public street;

5.    Whenever an existing multi-tenant development of three or more tenants is being remodeled or rehabilitated to the extent that the value of the work will be greater than twenty (20) percent of the replacement cost of the building;

6.    Whenever a theater or cinema use requests to deviate from the standards of this chapter. The comprehensive sign program may allow marquee signs, brighter lights, and design features not otherwise authorized by this chapter if the sign is generally consistent with the adopted sign design guidelines and the purposes of this chapter. Approval shall not be based on message content;

7.    Whenever the Director determines that a comprehensive sign program is necessary because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.); and

8.    A comprehensive sign program shall not be used to override the prohibition on new billboards set forth in Section 20.42.030(F).

C.    Approval Authority and Limitation. The Zoning Administrator is the review authority for a comprehensive sign program. The Zoning Administrator shall not approve an increase in sign height by more than twenty (20) percent above that allowed or an increase in sign area by more than thirty (30) percent above that allowed. Increases above the limits provided above may be allowed with the approval of a modification permit.

D.    Application Requirements. A sign permit application for a comprehensive sign program shall include all information and materials required by the Director, and the filing fee set by the City’s master fee schedule.

E.    Standards. A comprehensive sign program shall comply with the following standards:

1.    The proposed sign program shall comply with the purpose and intent of this chapter, any adopted sign design guidelines and the overall purpose and intent of this section;

2.    The proposed signs shall enhance the overall development and be in harmony with, and relate visually to, other signs included in the comprehensive sign program, to the structures and/or developments they identify, and to surrounding development when applicable;

3.    The sign program shall address all signs, including permanent, temporary, and exempt signs;

4.    The sign program shall accommodate future revisions that may be required because of changes in use or tenants;

5.    The program shall comply with the standards of this chapter, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this chapter;

6.    Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this chapter; and

7.    Review and approval of a comprehensive sign program shall not consider the signs’ proposed message content.

F.    Revisions to Comprehensive Sign Programs. The Director may approve revisions to a comprehensive sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised comprehensive sign program by the Zoning Administrator. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. The purpose of the innovative sign program is to:

1.    Encourage signs that are unique in their design approach and use of materials; and

2.    Provide a review process for the application of sign regulations to innovative signs.

B.    Applicability. An applicant may request approval of a sign permit under the innovative sign program to authorize an on-site sign or signs that differ from the provisions of this chapter but comply with the purpose of this chapter and section.

C.    Review Authority. A sign permit application for an innovative sign shall be subject to approval by the Commission.

D.    Application Requirements. A sign permit application for an innovative sign shall include all information and materials required by the Director, and the filing fee set by the City’s master fee schedule.

E.    Design Criteria. In approving an application for an innovative sign, the Commission shall ensure that a proposed sign or signs meets the following design criteria:

1.    Design Elements. The sign shall contain at least one of the following elements:

a.    Classic historic design style (ghost sign, metal, carved wood, etc.);

b.    Creative image reflecting current or historic character of the City;

c.    Symbols or imagery relating to the beach, ocean recreation, fishing, maritime industry, and/or the related business; or

d.    Inventive representation of the use or name/logo of the business.

2.    Architectural Criteria. The sign shall:

a.    Utilize and/or enhance the architectural elements of the building; and

b.    Be placed in a logical location in relation to the overall composition of the building’s facade and not cover any key architectural features/details of the facade.

3.    Contextual Criteria. The sign shall:

a.    Be in scale and proportion with the structure where it is placed;

b.    Be placed to respect and enhance the key architectural elements of the building; and

c.    Respect the scale and proportion of surrounding commercial structures and signs.

F.    Limitation. Approval of an innovative sign program shall not:

1.    Authorize the use of signs prohibited by this chapter;

2.    Authorize any sign that is more than twenty (20) percent larger than it could have been without the owner’s participation in the innovative sign program; or

3.    Authorize any sign based on an evaluation of the message displayed.

G.    Revisions to Innovative Sign Programs. The Director may approve revisions to an innovative sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised innovative sign program by the Commission. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Removal of Nonconforming Signs. Nonconforming signs shall be removed if:

1.    The nonconforming sign is more than fifty (50) percent destroyed, and the destruction is other than facial copy replacement. A nonconforming sign shall be deemed to be more than fifty (50) percent destroyed if the estimated cost of reconstruction exceeds fifty (50) percent of the replacement cost as determined by the Building Official;

2.    The nonconforming sign is remodeled, unless the sign is remodeled to comply with the provisions of this chapter;

3.    The nonconforming sign is located on a building that is enlarged or expanded, if the nonconforming sign is affected by the construction, enlargement, remodel, or expansion. An enlargement, remodel, or expansion of the portion of the building upon which the nonconforming sign is located or that is more than fifty (50) percent of the building area shall be deemed to affect the nonconforming sign; or

4.    The nonconforming sign is temporary.

B.    Deactivation of Flashing Features. The owner of a sign that contains flashing features shall permanently deactivate the flashing features.

C.    Continuance of Nonconforming Signs. Except as provided in subsection (A) of this section, a nonconforming sign may be continued and shall be maintained in good condition as required by these regulations, but it shall not be:

1.    Structurally changed to another nonconforming sign, although its copy and pictorial content may be changed.

2.    Structurally altered to prolong the life of the sign, except to meet safety requirements.

3.    Expanded or altered in any manner that increases the degree of nonconformity.

D.    Repairing and Repainting. Nonconforming signs shall only be painted and repaired in place and shall not be removed from their existing location, except for building remodeling, unless removal of the sign for painting or repair is part of the sign’s customary maintenance and repair.

E.    Change of Business Ownership. Upon a change of ownership, the new owner of a nonconforming sign may change the name or names on the sign so long as there is no change in the structure or configuration of the sign. (Ord. 2021-5 § 1, 2021; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Removal of Abandoned Signs.

1.    An abandoned sign or an abandoned nonconforming sign shall be immediately removed by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign.

2.    A sign frame or structure that has been abandoned shall be immediately removed by the owner or lessee of the premises upon which the sign frame or structure is located.

B.    Presumption that a Sign Is Abandoned. A sign that identifies or advertises a business that has ceased; is located upon a structure that has been abandoned by its owner; has not identified a bona fide business, lessor, service, owner, product, or activity available upon the site for more than ninety (90) days; or that has not been removed within thirty (30) days after the occurrence of the event or activity shall be presumed abandoned.

C.    Notice that a Sign Is Presumed Abandoned. The Director shall send a person responsible for a sign presumed to be abandoned an abandoned sign notification. Failure of the person to respond within thirty (30) days to the abandoned sign notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    General Prohibition. It is unlawful for any person to erect, place, post, construct, reconstruct, alter, maintain, or move or allow any person to erect, place, construct, reconstruct, alter, maintain, or move any sign that does not comply with the provisions of this chapter.

B.    Strict Liability. Violations of this chapter shall be treated as a strict liability offense regardless of intent.

C.    Illegal Signs Identified. The following signs are illegal and declared to be a public nuisance:

1.    A sign erected, placed, posted, constructed, reconstructed, altered, maintained, or moved after the effective date of the ordinance codified in this title that does not comply with any provision of this chapter;

2.    A sign that was erected, placed, posted, constructed, reconstructed, altered, maintained, or moved prior to the effective date of the ordinance codified in this title that failed to comply with all regulations in effect at the time the sign was erected, placed, posted, constructed, reconstructed, altered, maintained, or moved;

3.    A nonconforming sign that is required to be removed or altered and that is not removed or altered in the time required;

4.    Signs with flashing elements that are not deactivated;

5.    An abandoned nonconforming sign; and

6.    An abandoned sign. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Maintenance of Signs Required. All types of signs, together with their supports, braces, guys, and anchors, shall be properly maintained at all times with respect to safety, appearance, and structural and electrical features.

B.    Proper Maintenance Identified. Display surfaces shall be kept clean and neatly painted and repaired at all times, and there shall be no missing or damaged messages, graphics, or structural elements, or portions thereof. Signs shall be refinished to remove rust or other corrosion due to the elements as necessary. Faded, cracked, or broken faces or surfaces, and malfunctioning lamps shall be replaced immediately. Awnings that have signs shall be cleaned periodically and replaced if they become faded, tattered, or ripped.

C.    Administrative Procedures Applied to Signs That Are Not Maintained. Signs that are not properly maintained shall be subject to the provisions of Titles 1, 10, and 20.

D.    Hazardous Signs. If a sign is damaged or not properly maintained to a degree that causes it to pose a physical danger to persons or property, the following provisions shall apply:

1.    Hazardous Signs Identified. A hazardous sign is a sign that poses a danger to the public or that could create a potential hazard. Hazardous signs are declared to be a public nuisance in compliance with Sections 1.04.020 and 10.50.020(I).

2.    Removal of Hazardous Signs. Upon discovering a hazardous condition, the City may cause the immediate removal of a sign that is a danger to the public due to unsafe conditions. The determination that a sign has become hazardous or unsafe shall consider only the physical condition and characteristics of the sign, and shall not consider the message thereon. No hearing shall be required for the removal of hazardous signs. The City is not required to give notice of intent to remove the sign prior to removal, but shall inform the owner of the property from which the hazardous sign is to be removed that the hazardous sign has been removed within seven days of removal, by certified United States mail, return receipt requested, and by first class United States mail.

3.    Owner Responsible for Costs of Abatement. Signs removed in compliance with this section shall be stored for thirty (30) days, during which time they may be recovered by the owner upon payment to the City for costs of abating the public nuisance, including removal and storage. If not recovered within the thirty (30) day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City.

4.    Penalties. Hazardous signs shall also be subject to the administrative remedies of the Municipal Code, including Section 10.50.020 and Chapters 1.04 and 1.05.

5.    Recovery of Costs. All costs of abatement may be assessed to the owner of the property from which the hazardous sign was removed and recovered as a lien on the property in compliance with Titles 1 and 10. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Designation of Heritage Signs. The designation of a sign as a heritage sign is intended to allow nonconforming signs that otherwise would be required to be removed in compliance with Section (Nonconforming Signs) of this chapter to remain if the sign or the establishment associated with the sign are determined to have historical or local identity significance to the City of Newport Beach in compliance with the standards established in this section.

B.    Application and Review Authority. Application for heritage sign status may be submitted by the business owner, property owner, or City for review by the Commission. The Commission shall review all applications and approve or disapprove heritage sign status in compliance with this section.

C.    Heritage Sign Criteria. The Commission may designate a sign as a heritage sign if the sign is the type of sign that would be subject to removal as a nonconforming sign and the sign meets both the following criteria:

1.    Historically Significant. A sign is historically significant if the sign was erected or created at least thirty-five (35) years ago and is either representative of a significant sign-making technique or style of a historic era or represents entities or establishments that are an important part of Newport Beach history.

2.    Visually Significant. The sign is visually significant in at least two of the following regards:

a.    The sign possesses a uniqueness and charm because it has aged gracefully;

b.    The sign remains a classic example of craftsmanship or style of the period when it was constructed and uses materials in an exemplary way;

c.    The sign complements its architectural surroundings or is particularly well integrated into the structure; or

d.    The sign is an inventive representation of the use, name, or logo of the building or business.

D.    Designation of Heritage Signs.

1.    The Director shall review each application for heritage sign status on a case-by-case basis to assess whether the sign meets the criteria for designation as a heritage sign. Based on this review, staff shall prepare findings and recommendations to the Commission regarding their assessment and the application’s merit regarding the designation. The Commission shall review staff findings and recommendations at a noticed public hearing.

2.    The Commission may direct staff to undertake additional analysis to assess whether a sign should receive heritage sign status. The Commission may also direct staff to undertake additional analysis of any sign already designated as a heritage sign. Staff’s additional analyses and recommendations shall be available for public review and comment prior to the Commission’s subsequent meeting for review and action on a heritage sign.

3.    Upon due consideration of staff’s findings and recommendations plus all public testimony and comment, the Commission may approve or deny designation of heritage sign status.

E.    Alteration of Heritage Signs. Designated heritage signs may not be physically altered except for routine cleaning and general maintenance. Cleaning and maintenance shall be consistent with the preservation of the character or defining features of the sign in all respects. A designated heritage sign may be removed if desired. If a designated heritage sign is removed, its heritage status shall be revoked. If the character or defining features of a designated heritage sign are altered, its designation as a heritage sign shall be revoked and the sign shall be removed. Where applicable, the sign may be modified to conform to the requirements of this chapter. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The purpose of this chapter is to implement the requirements of Orange County’s Congestion Management Program. The requirements of this chapter are intended to:

A.    Reduce the number of peak-period vehicle trips generated in association with the approval of development projects;

B.    Promote and encourage the use of alternative transportation modes, including ridesharing, carpools, vanpools, public bus and rail transit, bicycles and walking, as well as those facilities that support the use of these modes;

C.    Reduce vehicle trips, traffic congestion, and public expenditures for transportation system improvements and improve air quality and environmental quality through the utilization of existing local mechanisms, requirements, and procedures for project review and permit processing;

D.    Promote coordinated implementation of strategies on a Citywide and Countywide basis to reduce transportation demand; and

E.    Achieve the most efficient use of local resources through coordinated and consistent regional and/or local trip reduction programs. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The requirements of this chapter shall apply to all new nonresidential projects, nonresidential portions of mixed-use projects, and employment centers that are estimated to employ two hundred fifty (250) or more persons. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Program Preparation. Applicants for projects covered by this chapter shall prepare a transportation demand management program applicable to the proposed project that will:

1.    Reduce the number of peak-period vehicle trips generated in association with the proposed project;

2.    Promote and encourage the use of alternative transportation modes (e.g., ridesharing, carpools, vanpools, public transit, bicycles and walking); and

3.    Provide those facilities that support alternate transportation modes.

B.    Review Authority Approval. The review authority shall issue a written determination to approve, conditionally approve, or deny the approval of the transportation demand management program based on the program’s ability to meet the requirements provided in subsection (A) of this section. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The following generation factors are the basis for determining employment projections in the absence of more specific information.

Employment projections shall be developed by the project applicant, subject to approval by the City. The employment projection for a mixed-use development shall be calculated on a case-by-case basis, based upon the proportion of development devoted to each type of use. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Projects subject to the requirements of this chapter shall be subject to the following site development requirements. Required improvements shall be reviewed and approved by the review authority concurrent with other project approvals.

A.    Carpool Parking. A parking space shall be reserved and designated for each identified carpool vehicle. Carpool spaces shall only be used by carpool vehicles and shall be located near the employee entrance or at other preferential locations, as approved by the City Traffic Engineer. A minimum of five percent of the provided parking shall be reserved for carpools. Additional spaces shall be designated for each new carpool that forms.

B.    Bicycle Racks/Lockers. Bicycle lockers or bicycle racks, as determined by the review authority, shall be provided for use by employees or tenants. A minimum of two lockers per one hundred (100) employees shall be provided. Lockers may be located in a required parking space.

C.    Lockers and Showers. A minimum of two showers and two lockers shall be provided. Additional showers and lockers may be required by the review authority based on the total number of anticipated employees.

D.    Information on Transportation Alternatives. A commuter information area shall be provided in one or more central areas that are accessible to all employees or tenants. Information shall include, but not be limited to, current maps, routes and schedules for public transit; ridesharing match lists; available commuter incentives and ridesharing promotional material supplied by commuter-oriented organizations.

E.    Rideshare Vehicle Loading Area. A rideshare vehicle loading area shall be designated at a location approved by the City Traffic Engineer. The area shall accommodate a minimum of two passenger vehicles. Additional loading area may be required by the City Traffic Engineer based on the total number of anticipated employees.

F.    Vanpool Accessibility. Vanpool spaces shall be reserved and designated for each identified vanpool in compliance with the approved plan. A minimum seven foot two inch vertical clearance shall be provided and the spaces shall be located near the employee entrance or other preferential location as approved by the City Traffic Engineer.

G.    Bus Stop Improvements. Bus stop improvements, including bus pullouts, bus pads, and right-of-way for bus benches and shelters shall be required for developments located along arterials where public transit exists or is anticipated to exist within five years. Improvements shall be developed in consideration of the level of transit ridership and the impact of stopped buses on other traffic.

H.    Sidewalks. Sidewalks or other paved pathways connecting the external pedestrian circulation system to each building in the development shall be provided. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The project applicant shall have the option of deleting or modifying any or all of the site development requirements if equivalent facilities or measures are provided. The applicant shall demonstrate the equivalency of the proposed measures to the satisfaction of the applicable review authority. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The City may withhold the issuance of building permits or certificates of occupancy and/or issue stop work orders for a development project failing to comply with the provisions of this chapter. If any improvements or programs required by this chapter are either rendered unusable or discontinued, the property owner, employer and/or tenant may be subject to enforcement procedures in compliance with Chapter 20.68 (Enforcement). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This chapter provides procedures for the transfer of development rights from a property to one or more other properties. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The provisions of this chapter shall apply within all zoning districts. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Location. The donor and receiver sites shall be located within the same statistical area as identified in the Land Use Element of the General Plan.

B.    Floor Area for a Donor Site. The maximum gross floor area allowed on a donor site shall be reduced by the amount of the transfer of development intensity to the receiver site.

C.    Residential Uses. When the transfer of development rights involves residential units, the transfer shall be on a unit for unit basis. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The following procedure shall be used for the transfer of development rights:

A.    Application. The applicant shall submit an application to the Department that identifies the quantity of entitlement (e.g., floor area, hotel rooms, theater seats, etc.) to be relocated and the sending and receiving sites. If the requested transfer includes the conversion of nonresidential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer.

B.    Traffic Analysis. The Traffic Engineer shall perform a traffic analysis to determine the total number of p.m. peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE’s “Trip Generation,” unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer.

C.    Detailed Traffic Analysis. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the definitions and procedures contained in Chapter 15.40 (Traffic Phasing Ordinance), except that “unsatisfactory level of service” shall be as specified in the General Plan.

D.    Land Use Intensity Analysis. If the transfer request involves the conversion of uses, the Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated fifteen (15) square feet per seat. Hotel use shall be allocated the number of square feet per room at which it is included in the General Plan. When the General Plan does not specify intensity for hotel rooms, it shall be as determined by the Director.

E.    Council to Consider. Applications for transfer of development rights shall be considered by the Commission with a recommendation to the Council. The Council may approve a transfer of development rights only if it makes all of the findings in Section 20.46.050.

F.    Legal Assurances. A covenant or other legally binding agreement approved by the City Attorney shall be recorded against the donor site assuring that all of the requirements of the transfer of development rights will be met by the current and future property owners. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

When approving a transfer of development intensity the Council shall make all of the following findings:

A.    The reduced density/intensity on the donor site provides benefits to the City, for example:

1.    The provision of extraordinary open space, public view corridor(s), increased parking, or other amenities;

2.    Preservation of an historic building or property, or natural resources;

3.    Improvement of the area’s scale and development character;

4.    Reduction of local vehicle trips and traffic congestion; and

5.    More efficient use of land.

B.    The transfer of development rights will not result in any adverse traffic impacts and would not result in greater intensity than development allowed without the transfer and the proposed uses and physical improvements would not lend themselves to conversion to higher traffic generating uses;

C.    The increased development potential transferred to the receiver site will be compatible and in scale with surrounding development and will not create abrupt changes in scale or character; and

D.    The receiver site is physically suitable for the development proposed taking into consideration adjacent circulation patterns, protection of significant public views and open space, and site characteristics, including any slopes, submerged areas, and sensitive resources. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)