Newport Beach City Zoning Code

Inform the applicant of City requirements as they apply to the proposed project;

Review the City’s review process, possible project alternatives or revisions; and

Identify information and materials the City will require with the application, and any necessary technical studies and information relating to the environmental review of the project.

When the Director determines that an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.

The time available to an applicant for submittal of additional information is limited by subsection (A)(4) of this section.

The additional specified information shall be submitted in writing.

The Director’s review of any information resubmitted by the applicant shall be accomplished in compliance with this subsection (A) along with another thirty (30) day period of review for completeness.

If an applicant fails to provide any additional information requested by the Director within sixty (60) days following the date the application was deemed incomplete, the application shall be deemed withdrawn without any further action by the City.

After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.

During the course of the review process, the review authority may require the applicant to submit additional information or revised plans.

The Director shall notify the applicant in writing of any revisions or additional information required and the applicant shall submit the requested information to the Department within thirty (30) days after the date of the notice or within the period of time designated by the review authority.

Failure to submit the required information within the thirty (30) day period or within the period of time designated by the review authority may be cause for denial.

Every general partner of the partnership;

Every owner with a controlling interest in the corporation; or

The person designated by the officers of a corporation as identified in a resolution of the corporation that is to be designated as the permit holder for the conditional use permit.

If the facility is not licensed by the State, managers, operators, owners, clients, visitors, and residents shall not provide any services on site that would require licensure of the facility in compliance with State law.

For uses that allow overnight stays, there shall be no more than two residents, guests, or clients in each bedroom plus one additional resident, guest, or client. The review authority, at his/her discretion, may approve additional occupancy upon request by the applicant and based upon evidence that additional occupancy is warranted and appropriate. In determining whether to allow a different occupancy limit, the review authority shall consider the characteristics of the structure, whether there will be an impact on traffic and parking, and whether the public comfort, health, peace, safety, or welfare of persons residing in the facility or adjacent to the facility will be impacted.

The names of all persons and entities with an ownership or leasehold interest in the use, or who will participate in operation of the use, shall be disclosed in writing to the City, and these persons and entities shall not have a demonstrated pattern or practice of operating similar facilities in or out of the City of Newport Beach in violation of Federal, State, or local law.

The operator of the proposed use shall provide a list of the names and addresses of all similar uses located in the State of California owned or operated by the operator within the past five years and shall certify under penalty of perjury that none of these uses has been found by State or local authorities to be operating in violation of Federal, State, or local law. The Director shall verify this information.

The proximity of the use location to parks, schools, other conditionally permitted uses of the same or similar type, outlets for alcoholic beverages, and any other uses that could be affected by or affect the operation of the subject use;

The existence of substandard physical characteristics of the area in which the use is located (e.g., limited available parking, lot widths, narrow streets, setbacks, short blocks), and other substandard characteristics that are pervasive in certain areas of the City of Newport Beach, including portions of Balboa Island, Balboa Peninsula, Corona Del Mar, Lido Isle, Newport Heights, and West Newport, which portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Commission on September 20, 2007, and on file with the Director; and

In the case of residential care uses, whether, in light of the factors applied in subsections (H)(4)(a) and (b) of this section, it would be appropriate to apply the American Planning Association standard of allowing only one or two residential care uses in each block.

On-site contractors’ construction yard(s), including temporary storage and office trailers, in conjunction with an approved construction project on the same lot.

One adult caretaker may be present during nonconstruction hours for security purposes.

The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit.

A trailer or mobile home may be used:

A permit for limited duration trailer(s) may be granted for up to twelve (12) months and may be extended for a longer period in conjunction with a valid building permit.

Application Required. Applications for a limited term permit shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing).

Application Before Operation. A complete application shall be filed with the Department at least thirty (30) days before the date that the proposed limited duration use is scheduled to take place.

No Similar Activities for Thirty (30) Days. The same or very similar limited duration use shall not be allowed to operate on the same lot for at least thirty (30) days following termination of the previous use.

Not within One Hundred Eighty (180) Days. Applications shall not be filed or accepted if final action has been taken within the previous one hundred eighty (180) days by the Zoning Administrator to deny an application for the same or substantially the same permit.

Up to Ninety (90) Days.

Ninety (90) Days or More.

Chimneys, rooftop architectural features, and vents in excess of the exception to the allowed height limits identified in Part 3 of this title (Site Planning and Development Standards);

Flag poles in excess of the exception to the allowed height limits; and

Heights of fences, hedges, or walls (except retaining walls).

Encroachments in front, side, or rear setback areas while still maintaining the minimum clearances required by Section 20.30.110 (Setback Regulations and Exceptions). Exceptions include the following:

Structural appurtenances or projections that encroach into front, side, or rear setback areas.

Distances between structures located on the same lot;

Landscaping standards in compliance with Chapter 20.36 (Landscaping Standards);

Maximum allowed roof area for roofmounted equipment that exceeds the allowed height limits identified in Part 3 (Site Planning and Development Standards);

Size or location of parking spaces, access to parking spaces, and landscaping within parking areas;

Increase in allowed floor area of additions for uses that have nonconforming parking;

Increase in allowed height, number, and area of signs;

Increase in the allowed height of retaining walls; and

Increase in allowed floor area of additions for nonconforming residential structures as identified in Section 20.38.040 (Nonconforming Structures).

The Zoning Administrator shall review each application to ensure that the proposal is consistent with the purpose and intent of this Zoning Code, this section, all applicable regulations and policies, and sound planning practices.

The Zoning Administrator shall refer each application to the Building Department and Public Works Department, and to other City departments as determined to be appropriate by the Zoning Administrator.

Each department shall submit written recommendations to the Zoning Administrator in a timely manner.

The Zoning Administrator may refer a modification permit application to the Commission for consideration and final action.

The procedure for notice and hearings held by the Commission on referred applications shall be in compliance with the same provisions as identified in this section and as specified in Chapter 20.62 (Public Hearings).

The permit may adjust, where necessary and justifiable, all applicable development standards identified in this Zoning Code, with the exception of an increase in the applicable density or intensity. Height adjustments shall be limited to those identified in Section 20.30.060 (Height Limits and Exceptions).

Residential projects with increased density or intensity standards may only be approved in compliance with Chapter 20.32 (Density Bonus).

Notice of hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).

A public hearing shall be required for the Commission’s action on a planned development permit application.

Include only uses allowed within the base zoning district;

Be substantially consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan;

Be substantially consistent with the purpose and intent of the base zoning district;

Include sustainable improvement standards and protection of environmental resources; and

Be compatible with other development within the zoning district and general neighborhood of the proposed project.

An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on forms provided by the Department.

A fee shall not be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for the other discretionary permit(s) in compliance with the City’s fee schedule adopted by resolution.

If the project or use for which the request for reasonable accommodation is made also requires or is related to other discretionary permits (e.g., conditional use permit, etc.) for the same project or use, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit.

If the applicant does not file the request for reasonable accommodation concurrently with the application for other discretionary permits, then any request for reasonable accommodation shall not be heard until after the decision of the appropriate review authority for the other discretionary permits is final and effective.

Documentation that the applicant is:

The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant.

Documentation that the specific exception or modification requested by the applicant is the minimum necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.

Any other information that the Director reasonably concludes is necessary to determine whether the findings required by subsection (D)(2) of this section (Findings and Decision) can be made, so long as any request for information regarding the disability of the individuals benefited complies with Fair Housing Law protections and the privacy rights of the individuals affected.

The Hearing Officer shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the associated modification or revocation in compliance with subsection (D)(2) of this section (Findings and Decision).

The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval, call for review, and appeal procedures identified for any other discretionary permit.

On review the Council may sustain, reverse, or modify the decision of the Hearing Officer or remand the matter for further consideration, which remand shall include specific issues to be considered or a direction for a de novo hearing.

The written decision to approve or deny a request for reasonable accommodation shall be consistent with all the applicable Federal and State laws and shall be based on consideration of the following findings, all of which are required for approval:

In making these findings, the review authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;

Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

In the case of a residential care facility, whether the requested accommodation is necessary to make facility or facilities of a similar nature or operation economically viable in light of the relevant market and market participants; and

In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide an individual(s) with a disability an equal opportunity to live in a residential setting.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan; and

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

A reasonable accommodation shall not become effective until the decision to grant the accommodation shall have become final by reason of the expiration of time to make an appeal.

In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the Council on the appeal in compliance with Chapter 20.64 (Appeals).

Any reasonable accommodation approved in compliance with the terms of this section shall expire within twenty-four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless:

In cases where a coastal development permit is required, the time period shall not begin until the effective date of approval of the coastal development permit.

A reasonable accommodation shall lapse if the exercise of rights granted by it are discontinued for at least one hundred eighty (180) consecutive days.

If the person(s) initially occupying a residence vacates or conveys the property for which the reasonable accommodation was granted, the reasonable accommodation shall remain in effect only if the Director determines that the modification authorized by the review authority is physically integrated into the residential structure and cannot be easily removed or altered to comply with this Zoning Code.

Accessory structures;

Fences and/or walls;

The reconstruction or exterior remodeling of existing structures (including facade improvements);

Residential Construction. One to four dwelling units, without a tentative or parcel map; and

Nonresidential Construction. Up to a maximum of nine thousand nine hundred ninety-nine (9,999) square feet of gross floor area.

Filing. An application for a site development review shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing).

Contents. The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City’s fee schedule adopted by resolution.

Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection (F) of this section (Findings and Decision).

A site development review is initiated when the Department receives a complete application package including the required information and materials specified by the Director and any additional information required by the applicable review authority in order to conduct a thorough review of the project.

Upon receipt of a complete application the applicable review authority shall conduct a review of the location, design, site plan configuration, and effect of the proposed project on adjacent properties by comparing the project plans to established development standards and adopted criteria and policies applicable to the use or structure.

The following criteria shall be considered during the review of a site development review application:

A grading permit has been issued and grading has been substantially completed;

A building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the Building Official;

A certificate of occupancy has been issued;

The use is established; or

A time extension has been granted in compliance with subsection (B) of this section.

Are consistent with all applicable provisions of this Zoning Code;

Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project;

Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and

Do not result in an expansion or change in operational characteristics of the use.

Conduct a noticed public hearing in compliance with Chapter 20.62 (Public Hearings); and

Find that the covenant on the site is no longer necessary to achieve the land use goals of the City.

Incorporated as part of the approved development plan;

Allowed to continue as nonconforming uses, in compliance with Chapter 20.38 (Nonconforming Uses and Structures); or

Council. By the Council, with or without a recommendation from the Commission;

Commission. By the Commission; or

Property Owner(s). By the filing of a development plan application with the Department by the owner(s) or authorized agent(s) of property for which the development plan is sought. If the property is held in more than one ownership, all owners or their authorized agents shall join in filing the application.

Public hearings shall be required for the Commission’s recommendation and the Council’s action on a PC District development plan.

The public hearings shall be scheduled once the Director finds the application complete in compliance with Section 20.50.060 (Initial Application Review).

Noticing of the hearings shall be provided and the hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings).

Before the preparation of the specific plan, at least one public/neighborhood meeting shall be held to identify potential community impacts and concerns relating to the proposed plan.

Public notice of the meeting shall be in compliance with Chapter 20.62 (Public Hearings).