Part 1. Zoning Code Applicability

Chapter 20.10
PURPOSE AND APPLICABILITY OF THE ZONING CODE

Sections:

20.10.010    Title.

20.10.020    Purpose.

20.10.030    Authority—Relationship to General Plan.

20.10.040    Applicability of Zoning Code.

20.10.050    Responsibility for Administration.

20.10.010 Title.

This title shall be known as the “City of Newport Beach Zoning Code” and referred to as the “Zoning Code.” (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

20.10.020 Purpose.

This Zoning Code is intended to carry out the policies of the City of Newport Beach General Plan. It is also the intent of this Zoning Code to promote the orderly development of the City; promote and protect the public health, safety, peace, comfort, and general welfare; protect the character, social, and economic vitality of neighborhoods; and to ensure the beneficial development of the City. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

20.10.030 Authority—Relationship to General Plan.

A.    Authority. The regulations within this Zoning Code are enacted based on the authority vested in the City of Newport Beach by the State of California and Section 200 of the City Charter.

B.    Consistency with General Plan. This Zoning Code is the primary tool used by the City to carry out the goals, objectives, and policies of the General Plan. It is intended that all provisions of this Zoning Code be consistent with the General Plan and that any development, land use, or subdivision approved in compliance with these regulations will also be consistent with the General Plan. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

20.10.040 Applicability of Zoning Code.

This Zoning Code applies to all construction, land uses, subdivisions, and development within the City of Newport Beach, as provided by this section.

A.    Compliance Required. No structure shall be altered, erected, or reconstructed in any manner, nor shall any structure or land be used for any purpose, other than as allowed by this Zoning Code. The City Council may exempt specific City-implemented projects by adopting a resolution at a noticed public hearing upon setting forth the specific Code provisions that would apply in the absence of the exemption.

B.    Issuance of Permits. Building and/or grading permits shall not be issued for any structure until all other applicable permits have become effective in compliance with Section 20.54.030 (Effective Date of Permits).

C.    Minimum Requirements. The provisions of this Zoning Code shall be considered the minimum requirements for the promotion of the public health, safety, and general welfare except for any discretionary approval. When this Zoning Code provides for discretion on the part of a review authority, the discretion may be exercised to impose more or less stringent requirements than required by this Zoning Code and may allow deviations from the requirements in order to promote orderly land use and development, environmental resource protection, and the other purposes of this Zoning Code.

D.    Agreements, Covenants, Easements, Laws, Permits, and Regulations.

1.    Effect on Agreements, Covenants, and Easements. It is not intended by the adoption of this Zoning Code to interfere with, abrogate, annul, or repeal any agreement, covenant (e.g., CC&Rs), easement, or restriction between private parties. However, if this Zoning Code imposes greater restrictions than are imposed or required by other private agreements, covenants, or easements, the provisions of this Zoning Code shall control. The City shall not enforce any private agreement, covenant, or restriction unless it is a party to the agreement, covenant, or restriction.

2.    Effect on Municipal Laws, Policies, and Regulations. It is not intended by the adoption of this Zoning Code to repeal, impair, or interfere with other provisions of law of the City, or any policy, regulation, or rule for the alteration, construction, erection, or establishment of land uses or structures.

E.    Subdivisions. A proposed subdivision of land within the City after the effective date of the ordinance codified in this title shall be in compliance with the parcel size requirements of Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards), other applicable requirements of this Zoning Code, and Title 19 (Subdivisions).

F.    Other Permits May Be Required. Nothing in this Zoning Code eliminates the need for obtaining other permits required by the City; regulations of a special district or agency; or regulations of a State or Federal agency.

G.    Other Applicable Provisions. Where this Zoning Code requires compliance with other applicable provisions, they shall be in addition to the requirements of this Zoning Code. Other applicable provisions may include, but are not limited to, annexation agreements, development agreements, specific plans, adopted criteria/guidelines, City policies, and/or State and Federal regulations.

H.    State and Federal Law Requirements. Where this Zoning Code refers to provisions of State or Federal law, the references shall be interpreted to be to the applicable State or Federal law provisions as they may be amended from time to time. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

20.10.050 Responsibility for Administration.

A.    Responsible Authority. This Zoning Code shall be administered by: Newport Beach City Council, hereafter referred to as the “Council”; the Planning Commission, hereafter referred to as the “Commission”; the Planning Director, hereafter referred to as the “Director”; the Zoning Administrator; and the Planning Department, hereafter referred to as the “Department,” and any other City official or body as specifically identified.

B.    Exercise of Discretion. In the event that a provision of this Zoning Code or a condition of approval allows the review authority to exercise judgment in the application of a specific development standard or condition of approval, the review shall include an analysis as to whether:

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

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

3.    The manner in which authority is exercised will result in a more practical application of the provisions of this Zoning Code given specific characteristics of the site and its surroundings; and

4.    The decision is consistent with the General Plan, any applicable specific plan, or any other applicable regulation or standard. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)